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http://hdl.handle.net/1893/21961| Appears in Collections: | Law and Philosophy Book Chapters and Sections |
| Title: | Repairing Harms and Answering for Wrongs |
| Author(s): | Duff, R A |
| Contact Email: | r.a.duff@stir.ac.uk |
| Editor(s): | Oberdiek, J |
| Citation: | Duff RA (2014) Repairing Harms and Answering for Wrongs. In: Oberdiek J (ed.) Philosophical Foundations of the Law of Torts. Philosophical Foundations of Law. Oxford: Oxford University Press, pp. 212-230. http://ukcatalogue.oup.com/product/9780198701385.do |
| Keywords: | tort law criminal law cost allocation civil recourse Goldberg and Zipursky |
| Issue Date: | 2014 |
| Date Deposited: | 8-Jul-2015 |
| Series/Report no.: | Philosophical Foundations of Law |
| Abstract: | I contrast two models of tort law: a cost-allocation model, and the ‘civil recourse’ model offered by Golberg and Zipursky. The former makes it possible to draw a clear distinction between tort law and criminal law, and explains some of the differentiating features. The latter deals plausibly with kinds of cases that the cost-allocation model cannot accommodate: but it does so by bringing tort law much closer to criminal law, and thus raises several questions about the proper relationship between them. |
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| URL: | http://ukcatalogue.oup.com/product/9780198701385.do |
| Licence URL(s): | http://www.rioxx.net/licenses/under-embargo-all-rights-reserved |
| File | Description | Size | Format | |
|---|---|---|---|---|
| Duff Repairing Harms and Answering for Wrongs.pdf | Fulltext - Published Version | 158.97 kB | Adobe PDF | Under Embargo until 3000-12-01 Request a copy |
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