- Benjamin Zipursky
Benjamin Zipursky is a legal scholar and professor at Fordham Law in
New York City . He has been interviewed by theNewshour with Jim Lehrer , theLos Angeles Times , TheAssociated Press on theVioxx wrongful [http://www.pbs.org/newshour/bb/health/july-dec05/vioxx_8-22.html death cases.] As an author of the casebook "Tort Law: Responsibilities and Redress," (along with professorsJohn C. P. Goldberg and Anthony James Sebok) he is nationally recognized scholar onTorts .He is also a noted scholar in
jurisprudence andlegal philosophy , he has having written on the "The Philosophy of Private Law" in the Oxford Companion to Jurisprudence and Legal Philosophy. Contrary tolibertarian views of self-help popularized by the likes of Robert Nozick, Zipursky argues that the right to private ordering must yield to public order lest we break down in an endless chain of tit-for-tat. In addition, he has written on theory of torts in "Philosophy and the Law of Torts" (edited by Gerald J. Postema).He co-authored with
John C. P. Goldberg ofVanderbilt University "The Moral of MacPherson" which explained how JudgeBenjamin Cardozo 's opinion which removedprivity of contract remained true to the idea of duty. The article compared how U.S. Constitutional Law changed from the idea of rights in "Lochner v. New York " to theNew Deal rule of "West Coast Hotel v. Parrish " with how duty changed from "Winterbottom v. Wright " which limited the class of plaintiffs to whom the defendant owed aduty of care to "MacPherson v. Buick Motor Co. " when the class of protected plaintiffs expanded beyond only those who share aprivity of contract with the defendant. It argued that scholars like Dean Prosser were wrong to attribute the change to the elimination of duty but rather argued that privity should not stand in the way for an expanded duty of defendants who are manufacturers who place products in the strean of commerce.He was born and grew up in
Canada . He received hisPhD inphilosophy from the [http://www.pitt.edu/ University of Pittsburgh] in 1982.
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