John Oberdiek
Biographic Data
| ID | 2106140 |
|---|---|
| NAME | John Oberdiek |
| GIVEN NAMES | John |
| FAMILY NAME | Oberdiek |
| SIGNATURE | OBERDIEK J |
| AFFILIATIONS | Rutgers, the State University of New Jersey |
| ORCID | 0000-0003-2143-1072 |
| VERIFIED | Yes |
| TOTAL WORKS | 8 |
| TOTAL CITATIONS | 0 |
| AUTHOR COUNT | 7 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2004 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 0 |
Private Law Adjudication, Retroactivity, and the Rule of Law
In his rich discussion of the rule of law in Reciprocal Freedom , Ernest Weinrib observes that the prospectivity central to the rule of law seems incompatible with the apparent retroactivity of adjudication, for “parties to litigation are held to a norm of which they had no specific notice when the impugned conduct occurred.” Weinrib offers a deflationary response. Insofar as the legal materials from which any judicial opinion is crafted exist an…
Law’s Rule: The Nature, Value, and Viability of the Rule of Law
Civil Wrongs and Justice in Private Law
"Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civi…
Imposing Risk
Human life has always been shadowed by risks like disease and natural disaster, but modern life is distinctively risky. The risks we now face are morally cognizable. For they are, in the main, subject to our control—indeed, they are typically our creation. The risks that define modern life are therefore our responsibility. As they are largely imposed by people on people, they call for moral assessment. This book addresses some of the central ques…
Imposing Risk: A Normative Framework
Any normative framework of risk imposition must include at its foundation an account of the nature of risk imposition. If risk is understood as the probability of a bad event or harm, the menu of conceptions of risk would seem to be exhausted by the various accounts of probability that have been developed. The two main families of probability theory, objective and subjective, have opposite strengths and weaknesses as candidate conceptions of prob…
What’s Wrong with Infringements (Insofar as Infringements are not Wrong): A Reply
Philosophical Issues in Tort Law
The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: c…
Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights
This DOI is not currently attached to any metadata records. DOIs can’t actually ever be deleted (they’re persistent), but sometimes our members create DOIs in error. We do have a process to approximate deletion which we follow only in rare cases where the DOI has been genuinely created in error, and most crucially, if the DOI has never been published anywhere online or in print and never otherwise distributed to or communicated with anyone (autho…
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Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights
This DOI is not currently attached to any metadata records. DOIs can’t actually ever be deleted (they’re persistent), but sometimes our members create DOIs in error. We do have a process to approximate deletion which we follow only in rare cases where the DOI has been genuinely created in error, and most crucially, if the DOI has never been published anywhere online or in print and never otherwise distributed to or communicated with anyone (autho…
What’s Wrong with Infringements (Insofar as Infringements are not Wrong): A Reply
Philosophical Issues in Tort Law
The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: c…
Imposing Risk
Human life has always been shadowed by risks like disease and natural disaster, but modern life is distinctively risky. The risks we now face are morally cognizable. For they are, in the main, subject to our control—indeed, they are typically our creation. The risks that define modern life are therefore our responsibility. As they are largely imposed by people on people, they call for moral assessment. This book addresses some of the central ques…
Imposing Risk: A Normative Framework
Any normative framework of risk imposition must include at its foundation an account of the nature of risk imposition. If risk is understood as the probability of a bad event or harm, the menu of conceptions of risk would seem to be exhausted by the various accounts of probability that have been developed. The two main families of probability theory, objective and subjective, have opposite strengths and weaknesses as candidate conceptions of prob…
Civil Wrongs and Justice in Private Law
"Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civi…
Private Law Adjudication, Retroactivity, and the Rule of Law
In his rich discussion of the rule of law in Reciprocal Freedom , Ernest Weinrib observes that the prospectivity central to the rule of law seems incompatible with the apparent retroactivity of adjudication, for “parties to litigation are held to a norm of which they had no specific notice when the impugned conduct occurred.” Weinrib offers a deflationary response. Insofar as the legal materials from which any judicial opinion is crafted exist an…
Law’s Rule: The Nature, Value, and Viability of the Rule of Law
Law (6 works) · Political science (6 works) · Economics (3 works) · Epistemology (3 works) · Judicial and Constitutional Studies (3 works) · Law and economics (3 works) · Legal principles and applications (3 works) · Philosophy (3 works) · Comparative law (2 works) · Free Will and Agency (2 works)