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Imposing Risk: A Normative Framework

Imposing Risk: A Normative Framework

作者： John Oberdiek
出版商： Oxford University Press
ISBN: 9780199594054
出版时间 September 2017
规格： Hardback , 235 pages
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥755.63

￥732.96 Save ￥22.66 (3%)

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- The only book on the morality of risk imposition from a non-consequentialist perspective
- Challenges moral theory's assumptions about risk and presents a striking new argument that many of the seemingly independent problems in this area are, in fact, interdependent
- Analyses the complex issues involved in responding to risk in tort and administrative law, enriching the understanding of central legal problems such as the place of negligence in tort
We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory.

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

Readership: Academics and students in the fields of philosophy of law and moral philosophy.
Introduction
1: The Nature of Risk Imposition
2: The Moral Significance of Risking
3: Towards a Right Against Risking
4: Principles of Permissible Risking
5: The Law of Negligence
6: The Regulation of Risk
John Oberdiek, Rutgers University

John Oberdiek is Professor of Law and Director of Faculty Research at the Rutgers School of Law - Camden. He is also Associate Graduate Faculty in the Rutgers-New Brunswick Department of Philosophy and Co-Director of the Rutgers Institute for Law and Philosophy. Educated in philosophy and law at Middlebury, Oxford, New York University, and the University of Pennsylvania, Oberdiek has been a Laurance S. Rockefeller Visiting Fellow in the University Center for Human Values at Princeton.

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