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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Torts, Egalitarianism and Distributive Justice

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ISBN13: 9780754646532
Published: August 2007
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

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Argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. This book shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence.

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Tort Law
Theoretical Framework: Distributive justice
Tort law
Pulling the threads together. Normative Defence: Illegitimacy
Excessive cost
Ineffectiveness. Applicatory Framework: The regressive nature of existing tort law
Levels of operation
Multiplicity of participants and entitlements
Direction of distributive result
Balancing egalitarianism with other policy considerations. Standard of Care: Insights from other approaches
Normative defence
Standard or duty?
Reformulating the standard of care
How does it work?
Incongruity with existing tort law. Duty of Care: The effects of egalitarianism on duty of care
Possible solutions to the problem of maternal prenatal duty
The egalitarian case against unconditional duty
Conditional duty. Discrimination as Negligence: Negligence and alternative responses to discrimination
The institutional inquiry
The conceptual and normative inquiries