Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-m8qmq Total loading time: 0 Render date: 2024-04-23T14:18:21.425Z Has data issue: false hasContentIssue false

9 - Reflections on Maimonides’ Tort Theory

Published online by Cambridge University Press:  10 August 2020

Yuval Sinai
Affiliation:
Orot Israel College
Benjamin Shmueli
Affiliation:
Bar-Ilan University, Israel
Get access

Summary

Chapter 9 includes some insights and observations from the Hon. Prof. Calabresi on the major elements of the Maimonidean theory, especially those that are similar – more or less – to contemporary tort law and economics. Calabresi discusses law, economics, and justice in our era and in Maimonides’ theory of torts, and empirical differences in the different times and their implications. Calabresi also considers the question of whether there are differences between the differential liability model presented by Maimonides, and contemporary theories of the economic analysis of tort law, expanding on deontological as opposed to utilitarian considerations according to law and economics. Calabresi deals specifically with the issue of punitive damages and discusses the innovative analysis of Maimonides compared to the multiplier approach, distributive justice as presented by Maimonides, and his optimal deterrence model. There is a great deal in Maimonides that presaged both his work in particular and sophisticated modern law and economics generally. Calabresi notes that not only can we now understand Maimonides, and the breadth of his thinking better, but we also have a clearer picture of the strengths and weaknesses of modern scholarship.

Type
Chapter
Information
Maimonides and Contemporary Tort Theory
Law, Religion, Economics, and Morality
, pp. 373 - 396
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×