Philosophical Foundations Of Tort Law

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Philosophical Foundations of Tort Law

David G. Owen
Philosophical Foundations of Tort Law Book PDF

Author : David G. Owen
Publisher : Unknown
Page : 528 pages
File Size : 46,6 Mb
Release : 1995
Category : Law
ISBN : 9780198258476

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Philosophical Foundations of Tort Law by David G. Owen Pdf

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

Philosophical Foundations of the Law of Torts

John Oberdiek
Philosophical Foundations of the Law of Torts Book PDF

Author : John Oberdiek
Publisher : Unknown
Page : 464 pages
File Size : 53,6 Mb
Release : 2014-02
Category : Law
ISBN : 9780198701385

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Philosophical Foundations of the Law of Torts by John Oberdiek Pdf

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Philosophy and the Law of Torts

Gerald J. Postema
Philosophy and the Law of Torts Book PDF

Author : Gerald J. Postema
Publisher : Cambridge University Press
Page : 350 pages
File Size : 41,8 Mb
Release : 2001-11-19
Category : Philosophy
ISBN : 9781139441278

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Philosophy and the Law of Torts by Gerald J. Postema Pdf

When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Philosophical Foundations of Property Law

James Penner,Henry Smith
Philosophical Foundations of Property Law Book PDF

Author : James Penner,Henry Smith
Publisher : OUP Oxford
Page : 450 pages
File Size : 45,6 Mb
Release : 2013-11-28
Category : Law
ISBN : 9780191654527

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Philosophical Foundations of Property Law by James Penner,Henry Smith Pdf

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

Tort Liability Under Uncertainty

Ariel Porat,Alex Stein
Tort Liability Under Uncertainty Book PDF

Author : Ariel Porat,Alex Stein
Publisher : Oxford University Press, USA
Page : 236 pages
File Size : 51,9 Mb
Release : 2001
Category : Law
ISBN : 0198267975

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Tort Liability Under Uncertainty by Ariel Porat,Alex Stein Pdf

Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.

Tort Law and Social Morality

Peter M. Gerhart
Tort Law and Social Morality Book PDF

Author : Peter M. Gerhart
Publisher : Cambridge University Press
Page : 289 pages
File Size : 47,6 Mb
Release : 2010-04-19
Category : Law
ISBN : 9781139489218

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Tort Law and Social Morality by Peter M. Gerhart Pdf

This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.

Philosophical Foundations of Constitutional Law

David Dyzenhaus,Malcolm Thorburn
Philosophical Foundations of Constitutional Law Book PDF

Author : David Dyzenhaus,Malcolm Thorburn
Publisher : Oxford University Press
Page : 353 pages
File Size : 49,6 Mb
Release : 2016
Category : Law
ISBN : 9780198754527

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Philosophical Foundations of Constitutional Law by David Dyzenhaus,Malcolm Thorburn Pdf

This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.

Philosophical Foundations of Contract Law

George Letsas,Prince Saprai
Philosophical Foundations of Contract Law Book PDF

Author : George Letsas,Prince Saprai
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 42,5 Mb
Release : 2014
Category : Law
ISBN : 9780198713012

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Philosophical Foundations of Contract Law by George Letsas,Prince Saprai Pdf

The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

The Philosophical Foundations of Environmental Law

Sean Coyle,Karen Morrow
The Philosophical Foundations of Environmental Law Book PDF

Author : Sean Coyle,Karen Morrow
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 43,8 Mb
Release : 2004-04-22
Category : Law
ISBN : 9781847310330

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The Philosophical Foundations of Environmental Law by Sean Coyle,Karen Morrow Pdf

Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such,'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature.

Philosophical Foundations of the Law of Equity

Dennis Klimchuk,Irit Samet,Henry E. Smith
Philosophical Foundations of the Law of Equity Book PDF

Author : Dennis Klimchuk,Irit Samet,Henry E. Smith
Publisher : Oxford University Press
Page : 400 pages
File Size : 49,6 Mb
Release : 2020-04-02
Category : Law
ISBN : 9780192549877

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Philosophical Foundations of the Law of Equity by Dennis Klimchuk,Irit Samet,Henry E. Smith Pdf

The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Philosophical Foundations of Discrimination Law

Deborah Hellman,Sophia Moreau
Philosophical Foundations of Discrimination Law Book PDF

Author : Deborah Hellman,Sophia Moreau
Publisher : Philosophical Foundations of L
Page : 306 pages
File Size : 51,8 Mb
Release : 2013-10
Category : Law
ISBN : 9780199664313

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Philosophical Foundations of Discrimination Law by Deborah Hellman,Sophia Moreau Pdf

Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.

Corrective Justice

Ernest J. Weinrib
Corrective Justice Book PDF

Author : Ernest J. Weinrib
Publisher : OUP Oxford
Page : 368 pages
File Size : 45,7 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191636387

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Corrective Justice by Ernest J. Weinrib Pdf

Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.

Foundations of Private Law

James Gordley
Foundations of Private Law Book PDF

Author : James Gordley
Publisher : OUP Oxford
Page : 496 pages
File Size : 42,5 Mb
Release : 2006-01-05
Category : Law
ISBN : 9780191021718

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Foundations of Private Law by James Gordley Pdf

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

Philosophical Foundations of Criminal Law

R. A. Duff,Stuart Green
Philosophical Foundations of Criminal Law Book PDF

Author : R. A. Duff,Stuart Green
Publisher : OUP Oxford
Page : 560 pages
File Size : 54,7 Mb
Release : 2013-01-24
Category : Law
ISBN : 9780191654695

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Philosophical Foundations of Criminal Law by R. A. Duff,Stuart Green Pdf

Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

Torts and Rights

Robert Stevens
Torts and Rights Book PDF

Author : Robert Stevens
Publisher : OUP Oxford
Page : 416 pages
File Size : 53,6 Mb
Release : 2007-09-06
Category : Law
ISBN : 9780191021633

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Torts and Rights by Robert Stevens Pdf

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.