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Author : Peter H. Schuck
Publisher : W. W. Norton
Page : 320 pages
File Size : 43,7 Mb
Release : 1991
Category : Law
ISBN : 0393961095
Is it possible for the United States to sell innovative, competitive products, services, and technologies in the domestic and world markets of the 1990s without sacrificing consumer safety?
Author : Anonim
Publisher : The American Assembly
Page : 20 pages
File Size : 41,6 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 8210379456XXX
Author : Lucas Bergkamp
Publisher : BRILL
Page : 734 pages
File Size : 53,5 Mb
Release : 2021-12-06
Category : Law
ISBN : 9789004479043
Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Author : TT Arvind,Jenny Steele
Publisher : Bloomsbury Publishing
Page : 546 pages
File Size : 47,7 Mb
Release : 2012-12-21
Category : Law
ISBN : 9781782250548
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 : Michael Faure
Publisher : Edward Elgar Publishing
Page : 565 pages
File Size : 51,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848447301
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 258 pages
File Size : 45,8 Mb
Release : 1997
Category : Law
ISBN : PURD:32754067535264
Author : James Devenney,Mel Kenny
Publisher : Cambridge University Press
Page : 337 pages
File Size : 50,6 Mb
Release : 2012-07-12
Category : Law
ISBN : 9781139536554
Produced under the auspices of an EU-funded Marie Curie research programme, this volume analyses vulnerability in European private law and scrutinises consumer protection in credit and investments in the context of the recent turmoil in financial markets and EU harmonisation initiatives in the area. It explores key issues such as responsible lending, the disclosure of information, consumer confidence, the regulation of consumer investment services and the protection of bank depositors. The chapters emanate from the 'Consumer Protection in Europe: Theory and Practice' duo colloquium which explored consumer protection in Europe in its theoretical and practical dimensions. These topics are even more relevant today given the passage of the Consumer Rights Directive, the appointment of an Expert Group on a common frame of reference, the Green Paper on European Contract Law and the ongoing deliberations surrounding the Common European Sales Law.
Author : Peter Schuck
Publisher : Routledge
Page : 510 pages
File Size : 43,9 Mb
Release : 2018-03-08
Category : Political Science
ISBN : 9780429978814
Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.
Author : James Goudkamp,Mark Lunney,Leighton McDonald
Publisher : Bloomsbury Publishing
Page : 427 pages
File Size : 42,7 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781509940738
This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.
Author : Robert W. Kolb
Publisher : SAGE Publications
Page : 2593 pages
File Size : 50,9 Mb
Release : 2007-08-21
Category : Business & Economics
ISBN : 9781452265698
2008 Best Reference, Library Journal As a field of study, business ethics aims to specify the principles under which businesses must operate to behave ethically. Thus business ethics focuses on such issues as those that have recently attracted so much public scrutiny: executive compensation, honesty in accounting, transparency, treatment of stakeholders, and respect for the environment. These are, in fact, perennial questions that accompany the long history of human economic activity and that will also be present through an indeterminate future. The five volumes of this ultimate resource recognize the inherent unity between business ethics and business and society, that stems from their shared primary concern with value in commerce. This Encyclopedia spans the relationships among business, ethics, and society by including more than 800 entries that feature broad coverage of corporate social responsibility, the obligation of companies to various stakeholder groups, the contribution of business to society and culture, and the relationship between organizations and the quality of the environment. Key Features Embraces commerce in all of its ethical and social dimensions Offers comprehensive and fairly lengthy essays on such crucial topics as justice, freedom, stakeholder theory, and regulation Provides very brief essays that introduce important personages in the field, while other similarly brief entries explain the nature and function of various organizations Includes contributions from respected authorities in the fields of management, psychology, sociology, communication, political science, philosophy, and other related fields Cross-references to other entries in the Encyclopedia and includes a list of references and suggested readings for each article Key Themes Accounting Applied Ethics Corporate Management and the Environment Corporate Powers, Organization and Governance Corporations in the Social Sphere Customers and Consumers Economics and Business Employee Issues Environmental Thought, Theory, Regulation, and Legislation Ethical Thought and Theory Finance Gender, Age, Ethnicity, Diversity, and Sexual Preference Information Systems International Social and Ethical Issues Justice Legislation and Regulation Management Marketing Organizations Political Theory, Thought, and Policy Problematic Practices Rights The Encyclopedia of Business Ethics and Society is the premier reference tool for students, scholars, practitioners, and others interested in gaining knowledge of the role business plays with regard to the environment in which it exists—making it a must-have resource for all academic libraries.
Author : Helen Stacy,Michael Lavarch
Publisher : Federation Press
Page : 196 pages
File Size : 41,7 Mb
Release : 1999
Category : Law
ISBN : 1862871531
Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to 'ordinary people' as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation - adversarialism. This volume confronts this folklore. It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider's view of Australian adversarialism from those with knowledge of a sister system in the United States.
Author : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health
Publisher : Unknown
Page : 192 pages
File Size : 46,7 Mb
Release : 2006
Category : Business & Economics
ISBN : PSU:000058947531
Author : United States. Congress. Senate. Committee on Small Business
Publisher : Unknown
Page : 84 pages
File Size : 46,5 Mb
Release : 1992
Category : Business & Economics
ISBN : PSU:000019822433
Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 228 pages
File Size : 47,9 Mb
Release : 2004
Category : Law
ISBN : PURD:32754078035478
Author : Emmanuel Voyiakis
Publisher : Bloomsbury Publishing
Page : 188 pages
File Size : 53,7 Mb
Release : 2017-01-12
Category : Law
ISBN : 9781509902835
Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.
