
Risks and Wrongs
Jules L. Coleman(Author)
Cambridge University Press
Published on 27. November 1992
Book
Paperback/Softback
528 pages
978-0-521-42861-3 (ISBN)
Description
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.
More details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Product notice
Paperback (trade)
Illustrations
Worked examples or Exercises
Dimensions
Height: 227 mm
Width: 149 mm
Thickness: 33 mm
Weight
855 gr
ISBN-13
978-0-521-42861-3 (9780521428613)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Content
Preface; Acknowledgements; Introduction; Part I. The Market Paradigm: 1. Rationality and cooperation; 2. Competition and cooperation; 3. Law and markets; 4. Efficiency and market failure; Part II. Safeguard and Risks: 5. The rational agreement; 6. Safeguarding; 7. Calculus and contexts; 8. Filling in the gaps; 9. From contracts to torts; Part III. Rectifiable Wrongs: 10. The goals of tort law; 11. Fault and strict liability; 12. The ecomomic analysis of torts; 13. Reciprocity of risk; 14. Causation, responsibility, and strict liability; 15. Liability and recovery; 16. The mixed conception of corrective justice; 17. Wrongfulness; 18. Corrective justice and tort law; 19. Justifiable departures from corrective justice; 20. Product liability; 21. Liberalism revisited; Notes; Index.