Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-22T16:49:45.458Z Has data issue: false hasContentIssue false

5 - Consequentialist Considerations in the Guide for the Perplexed

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 5 will examine consequentialist elements in Maimonides’ tort theory, based primarily on what he wrote in the Guide. We will see that although Maimonides’ theory is not consequentialist in the full sense of this term, several significant elements of consequentialism are found in his theory, notwithstanding the concurrent presence of other important elements. We also saw that Maimonides’ general approach to the objectives of tort law, mainly as emerges from the Guide, reveals an extremely important consequentialist objective – prevention of acts causing damage and deterrence. After a discussion of this important aspect of Maimonides’ tort theory, we will proceed to a comparative examination of the similarities and the differences between this theory and the modern theories of law and economics regarding torts, including the theories of some of the fathers of the economic analysis of law in general and of tort law in particular – Calabresi and Posner. We also present a certain proximity between the consequentialist approach of Maimonides and the modern approaches to punitive damages. We saw a certain similarity between his approach and the economic multiplier approach, but in our view, there is also similarity to the moral idea of societal redress in extracompensatory damages.

Type
Chapter
Information
Maimonides and Contemporary Tort Theory
Law, Religion, Economics, and Morality
, pp. 222 - 283
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 [email protected] 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
×