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dc.creatorMCCLUNG, GUY LAMONT, III
dc.date.accessioned 2007-05-09T19:30:35Z
dc.date.available 2007-05-09T19:30:35Z
dc.date.issued 1982
dc.identifier.urihttps://hdl.handle.net/1911/15705
dc.description.abstract A number of proposed theories of tort liability are "monolithic" in that they seek to explain tort liability by focusing on a single element or concern of the tort situation. Four different monolithic theories of tort liability will be discussed in this work: personal moral culpability liability; strict or absolute liability; liability based on utility and, more specifically, economic liability; and liability based on reciprocity of risk between the parties. The narrow scope of each of these theories renders them susceptible to both internal and external criticism--they are, variously, internally inconsistent and incoherent and they lead to unacceptable results in tort decisions. Liability based on a standard of reasonableness which permits and requires a consideration of a variety of individual and community interests in making a tort decision is to be preferred to any of these monolithic theories. A theory of liability based on reasonableness is in accord with and serves to correctly explicate the majority of decisions in reported tort cases. Furthermore, a theory of liability based on reasonableness dispels the supposed antithesis between liability with fault and strict liability.
dc.format.mimetype application/pdf
dc.language.iso eng
dc.subjectPhilosophy
dc.title IN DEFENSE OF REASONABLENESS: A CRITICAL ANALYSIS OF MONOLITHIC THEORIES OF TORT LIABILITY
dc.type.genre Thesis
dc.type.material Text
thesis.degree.department Philosophy
thesis.degree.discipline Humanities
thesis.degree.grantor Rice University
thesis.degree.level Doctoral
thesis.degree.name Doctor of Philosophy
dc.identifier.citation MCCLUNG, GUY LAMONT, III. "IN DEFENSE OF REASONABLENESS: A CRITICAL ANALYSIS OF MONOLITHIC THEORIES OF TORT LIABILITY." (1982) Diss., Rice University. https://hdl.handle.net/1911/15705.


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