Risks and Wrongs

Front Cover
CUP Archive, Nov 27, 1992 - Law - 508 pages
This major new book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional 'rational choice' liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.
 

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Contents

Introduction
1
The goals of tort law
197
Fault and strict liability
212
The economic analysis of torts
234
Reciprocity of risk
252
Causation responsibility and strict liability
270
Liability and recovery
285
The mixed conception of corrective justice
303
Wrongfulness
329
Corrective justice and tort law
361
Justifiable departures from corrective justice
386
Product liability
407
Liberalism revisited
430
Index
499
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