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Author : Miquel Martín-Casals
Publisher : Cambridge University Press
Page : 303 pages
File Size : 43,6 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475809
A study of how established rules of tort law have responded to technological change.
Author : Roger Brownsword,Eloise Scotford,Karen Yeung
Publisher : Oxford University Press
Page : 1216 pages
File Size : 44,7 Mb
Release : 2017-07-24
Category : Law
ISBN : 9780191502231
The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.
Author : Michael Lobban,Julia Moses
Publisher : Cambridge University Press
Page : 311 pages
File Size : 44,6 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475601
How have social and philosophical ideas influenced the development of tort law in Europe?
Author : John Bell,David Ibbetson
Publisher : Cambridge University Press
Page : 227 pages
File Size : 55,8 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475625
Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.
Author : Paul Mitchell
Publisher : Cambridge University Press
Page : 253 pages
File Size : 55,6 Mb
Release : 2012
Category : Liability (Law)
ISBN : 9781107019003
This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically ...
Author : Nils Jansen
Publisher : Cambridge University Press
Page : 255 pages
File Size : 54,8 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475793
The development of tort law was characterised by fundamental tensions between the law's conceptual logic and changing public values.
Author : Richard Goldberg
Publisher : Bloomsbury Publishing
Page : 478 pages
File Size : 46,9 Mb
Release : 2011-10-21
Category : Law
ISBN : 9781847318428
The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.
Author : Marchisio, Emiliano
Publisher : IGI Global
Page : 548 pages
File Size : 47,7 Mb
Release : 2022-04-08
Category : Technology & Engineering
ISBN : 9781799884774
In recent decades, there has been a groundbreaking evolution in technology. Every year, technology not only advances, but it also spreads throughout industries. Many fields such as law, education, business, engineering, and more have adopted these advanced technologies into their toolset. These technologies have a vastly different effect ranging from these different industries. The Handbook of Research on Applying Emerging Technologies Across Multiple Disciplines examines how technologies impact many different areas of knowledge. This book combines a solid theoretical approach with many practical applications of new technologies within many disciplines. Covering topics such as computer-supported collaborative learning, machine learning algorithms, and blockchain, this text is essential for technologists, IT specialists, programmers, computer scientists, engineers, managers, administrators, academicians, students, policymakers, and researchers.
Author : Roger Brownsword
Publisher : Routledge
Page : 327 pages
File Size : 51,6 Mb
Release : 2019-02-18
Category : Law
ISBN : 9781351128162
This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.
Author : TT Arvind,Jenny Steele
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 44,6 Mb
Release : 2012-12-21
Category : Law
ISBN : 9781782250555
The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
Author : Basil S Markesinis,John Bell,André Janssen
Publisher : Bloomsbury Publishing
Page : 728 pages
File Size : 43,6 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781509933211
Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.
Author : Edward S. Dove,Niamh Nic Shuibhne
Publisher : Cambridge University Press
Page : 449 pages
File Size : 54,9 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781108842433
Introduction and investigation of the concept - and utility - of legacy in the field of medical jurisprudence.
Author : Mauro Bussani,Anthony James Sebok,Marta Infantino
Publisher : Oxford University Press
Page : 297 pages
File Size : 40,6 Mb
Release : 2022
Category : Law
ISBN : 9780195368383
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Author : Julia Moses
Publisher : Unknown
Page : 337 pages
File Size : 53,6 Mb
Release : 2018-06-21
Category : History
ISBN : 9781108426503
Examines Europe's first significant national policies on social welfare in the late nineteenth century, which had major implications for state-society relations.
Author : Miquel Martín-Casals,Diego M. Papayannis
Publisher : Cambridge University Press
Page : 343 pages
File Size : 53,6 Mb
Release : 2015-11-19
Category : Law
ISBN : 9781316425480
This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.