The main objective of this paper escritoire is to provide a framework for the study of the genuine philosophical problems surrounding the law of torts. Philosophy of tort is a special jurisprudence where the conceptual problems of torts are made intelligible and transparent thought the more deeper concepts of moral, legal, and political philosophy. Even when it is possible to track this kind of jurisprudence until the Ancient Greek Philosophy, I will limit my exposition only to the 20 century common law philosophy of of torts. la tradición anglosajona de la segunda mitad del siglo xx. The approach of this paper is descriptive. I hope I can cover a variety of problems, providing the main approaches and the more important arguments. I have consider appropriate to include my own critical remarks on the different doctrines.
This paper has been divided in two parts and five sections. In the first part, I include sections 1 and 2, whereas in the second part I have included section 3 to 5. In the first section, I will develop the concept and problems of the philosophy of tort law. In the second section, I will study the different theories of tort law, focusing in the economic analysis of law and corrective justice. In the third section I will devote myself to the debate between strict liability and fault-based systems. In the fourth section, I will account several important tort concepts such as harm, risk, duty, causality, among other. In the fifth section, I will study the relationships between philosophy of tort law with moral, legal and political philosophy. In the first section I will answer to some objections concerning the use of this kind of studies in Latin America.