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The Removal of Ethical and Moral Content from Tort Liability

The Removal of Ethical and Moral Content from Tort Liability The essay deals with the moral and ethical content of the tort liability in connection with the treatment of the problem in the works of professor Ferenc Mádl. First of all, the author outlines the legal historical background of the issue. Later, he concerns with the ethical bases and justification of the tort liability. In this respect, the author attempts to point out that the moral element of the tort liability culpability is getting pushed to the background and has lost much of its importance. Later, he touches upon the attempts to preserve those moral grounds. Finally, the author reveals the tendency that subjective, morally based liability is overshadowed by strict liability in respect to the civil law tort liability. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Acta Juridica Hungarica Springer Journals

The Removal of Ethical and Moral Content from Tort Liability

Acta Juridica Hungarica , Volume 42 (4) – Oct 19, 2004

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Publisher
Springer Journals
Copyright
Copyright © 2001 by Kluwer Academic Publishers
Subject
Law; Theories of Law, Philosophy of Law, Legal History
ISSN
1216-2574
eISSN
1588-2616
DOI
10.1023/A:1014801002115
Publisher site
See Article on Publisher Site

Abstract

The essay deals with the moral and ethical content of the tort liability in connection with the treatment of the problem in the works of professor Ferenc Mádl. First of all, the author outlines the legal historical background of the issue. Later, he concerns with the ethical bases and justification of the tort liability. In this respect, the author attempts to point out that the moral element of the tort liability culpability is getting pushed to the background and has lost much of its importance. Later, he touches upon the attempts to preserve those moral grounds. Finally, the author reveals the tendency that subjective, morally based liability is overshadowed by strict liability in respect to the civil law tort liability.

Journal

Acta Juridica HungaricaSpringer Journals

Published: Oct 19, 2004

There are no references for this article.