Human Rights And Private Wrongs

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Human Rights and Private Wrongs

Author : Alison Brysk
Publisher : Routledge
Page : 161 pages
File Size : 52,5 Mb
Release : 2013-04-15
Category : Political Science
ISBN : 9781136073861

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Human Rights and Private Wrongs by Alison Brysk Pdf

Human Rights and Private Wrongs breaks new ground by considering a series of fascinating issues that are normally ignored by human rights specialists because they are too "private" to consider as policy issues: children's labor migration; refugee policy towards unaccompanied minors; financial matters of investor and business responsibility; and complex questions involving access to the benefits of pharmaceutical research, transnational organ trafficking, and the control over genetic research.

Human Rights and Private Wrongs

Author : Alison Brysk
Publisher : Routledge
Page : 162 pages
File Size : 47,6 Mb
Release : 2013-04-15
Category : Political Science
ISBN : 9781136073946

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Human Rights and Private Wrongs by Alison Brysk Pdf

Human Rights and Private Wrongs breaks new ground by considering a series of fascinating issues that are normally ignored by human rights specialists because they are too "private" to consider as policy issues: children's labor migration; refugee policy towards unaccompanied minors; financial matters of investor and business responsibility; and complex questions involving access to the benefits of pharmaceutical research, transnational organ trafficking, and the control over genetic research.

Civil Wrongs and Justice in Private Law

Author : Paul B. Miller,John Oberdiek
Publisher : Oxford University Press
Page : 553 pages
File Size : 41,8 Mb
Release : 2020-02-05
Category : Law
ISBN : 9780190865283

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Civil Wrongs and Justice in Private Law by Paul B. Miller,John Oberdiek Pdf

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.

Unravelling Tort and Crime

Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 465 pages
File Size : 44,8 Mb
Release : 2014-07-17
Category : Law
ISBN : 9781107066113

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Unravelling Tort and Crime by Matthew Dyson Pdf

Innovative and groundbreaking research on how tort and crime interrelate in English law.

Of private wrongs

Author : William Blackstone
Publisher : Unknown
Page : 128 pages
File Size : 45,8 Mb
Release : 1966
Category : Law
ISBN : OCLC:2916039

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Of private wrongs by William Blackstone Pdf

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 40,9 Mb
Release : 2021
Category : Law
ISBN : 9781328518118

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How Rights Went Wrong by Jamal Greene Pdf

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Recognizing Wrongs

Author : John C. P. Goldberg,Benjamin C. Zipursky
Publisher : Belknap Press
Page : 393 pages
File Size : 41,5 Mb
Release : 2020
Category : Torts
ISBN : 9780674241701

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Recognizing Wrongs by John C. P. Goldberg,Benjamin C. Zipursky Pdf

"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--

Force and Freedom

Author : Arthur Ripstein
Publisher : Harvard University Press
Page : 416 pages
File Size : 51,6 Mb
Release : 2010-02-15
Category : Philosophy
ISBN : 9780674054516

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Force and Freedom by Arthur Ripstein Pdf

In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Oxford Studies in Private Law Theory: Volume I

Author : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 50,5 Mb
Release : 2021-01-15
Category : Law
ISBN : 9780198851356

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Oxford Studies in Private Law Theory: Volume I by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek Pdf

This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

Beyond Virtue and Vice

Author : Alice M. Miller,Mindy Jane Roseman
Publisher : University of Pennsylvania Press
Page : 360 pages
File Size : 40,9 Mb
Release : 2019-02-08
Category : Political Science
ISBN : 9780812295757

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Beyond Virtue and Vice by Alice M. Miller,Mindy Jane Roseman Pdf

Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.

Human Wrongs

Author : T. J. Coles
Publisher : John Hunt Publishing
Page : 176 pages
File Size : 42,8 Mb
Release : 2018-05-25
Category : Social Science
ISBN : 9781785358654

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Human Wrongs by T. J. Coles Pdf

A devastating analysis of modern Britain. Britain is a forward-thinking, human-rights protecting beacon of democracy, right? Think again! Written in time for the 70th anniversary of the Universal Declaration of Human Rights, this book is a documented exposé of Britain's domestic human rights abuses under successive governments from the year 2000 to the present. It covers the deaths of the 20,000 pensioners a year who can't afford heating, the 40,000 people who succumb to air pollution each year, the limits on freedom of speech (including libel law), mass surveillance of Britons by the deep state, and much, much more. By comparing Britain to other rich countries on issues as diverse as infant mortality, child wellbeing, ethnic rights, and union membership, Human Wrongs reveals just how anti-human the British system really is for people of a certain class, gender, disability and/or ethnicity.

Tort Theory

Author : Kenneth D. Cooper-Stephenson
Publisher : Captus Press
Page : 448 pages
File Size : 50,8 Mb
Release : 1993
Category : Damages
ISBN : 0921801874

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Tort Theory by Kenneth D. Cooper-Stephenson Pdf

From Human Trafficking to Human Rights

Author : Alison Brysk,Austin Choi-Fitzpatrick
Publisher : University of Pennsylvania Press
Page : 278 pages
File Size : 51,5 Mb
Release : 2012-01-31
Category : Social Science
ISBN : 9780812205732

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From Human Trafficking to Human Rights by Alison Brysk,Austin Choi-Fitzpatrick Pdf

Over the last decade, public, political, and scholarly attention has focused on human trafficking and contemporary forms of slavery. Yet as human rights scholars Alison Brysk and Austin Choi-Fitzpatrick argue, most current work tends to be more descriptive and focused on trafficking for sexual exploitation. In From Human Trafficking to Human Rights, Brysk, Choi-Fitzpatrick, and a cast of experts demonstrate that it is time to recognize human trafficking as more a matter of human rights and social justice, rooted in larger structural issues relating to the global economy, human security, U.S. foreign policy, and labor and gender relations. Such reframing involves overcoming several of the most difficult barriers to the development of human rights discourse: women's rights as human rights, labor rights as a confluence of structure and agency, the interdependence of migration and discrimination, the ideological and policy hegemony of the United States in setting the terms of debate, and a politics of global justice and governance. Throughout this volume, the argument is clear: a deep human rights approach can improve analysis and response by recovering human rights principles that match protection with empowerment and recognize the interdependence of social rights and personal freedoms. Together, contributors to the volume conclude that rethinking trafficking requires moving our orientation from sex to slavery, from prostitution to power relations, and from rescue to rights. On the basis of this argument, From Human Trafficking to Human Rights offers concrete policy approaches to improve the global response necessary to end slavery responsibly.