Concepto y principio de daño = The concept of damage and the harm principle
In this study I will analyze the concept of damage as it is used in tort law. To do this, I will address three questions: first, is there a single concept or multiple concepts of harm? Second, what is the explanatory power of comparative versus non-comparative criteria for determining what constitut...
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2021 |
| Country: | España |
| Institution: | Varias* (Consorci de Biblioteques Universitáries de Catalunya, Centre de Serveis Científics i Acadèmics de Catalunya) |
| Repository: | Recercat. Dipósit de la Recerca de Catalunya |
| OAI Identifier: | oai:recercat.cat:10256/20894 |
| Online Access: | http://hdl.handle.net/10256/20894 |
| Access Level: | Open access |
| Keyword: | Danys i perjudicis Damages Dret comparat Comparative law |
| Summary: | In this study I will analyze the concept of damage as it is used in tort law. To do this, I will address three questions: first, is there a single concept or multiple concepts of harm? Second, what is the explanatory power of comparative versus non-comparative criteria for determining what constitutes harm? Third, how are the concepts of harm, interest and well-being linked? I propose, first of all, to analyze these three questions on the basis of certain debates held in moral and political philosophy regarding the harm principle. Second, I will defend the hypothesis of the relevance of a generic concept of damage and the advantages of a complex comparative criterion for determining cases of damage. Finally, I will argue that the link between the concept of damage and the notion of interest cannot be sustained independently of certain moral conceptions |
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