Dissertação
A distribuição equitativa de riscos e danos como uma justificativa não agregativa da responsabilidade civil
Fecha
2020-02-28Autor
Ana Luiza Braga Guatimosim
Institución
Resumen
The research, through Barbara Fried's critique to non-consequentialists, seeks to
ascertain whether Keating's theory of fair distribution of risk and harm can answer
questions that other moral theories of tort law fail to answer. It is examined whether
Keating's contractualism may suggest a non-consequentialist, non-aggregative way to
the question proposed by Fried regarding the risks citizens have the right to impose on
others. Once the barrier presented by Fried was overcome, the work is dedicated to
analyzing the influence of the idea of fairness in tort law, as highlighted by Keating,
and how this concept is decisive in the choice between tort law schemes present in
political culture.