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Author : Kenneth D. Cooper-Stephenson
Publisher : Captus Press
Page : 448 pages
File Size : 54,9 Mb
Release : 1993
Category : Damages
ISBN : 0921801874
Author : Yuval Sinai,Benjamin Shmueli
Publisher : Cambridge University Press
Page : 429 pages
File Size : 43,8 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781107179295
Presents Maimonides' complete tort theory, and how it compares with other tort theories both in the Jewish world and beyond.
Author : John Oberdiek
Publisher : Unknown
Page : 464 pages
File Size : 40,8 Mb
Release : 2014-02
Category : Law
ISBN : 9780198701385
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.
Author : Allan Beever
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 45,5 Mb
Release : 2016-08-25
Category : Law
ISBN : 9781509903207
This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.
Author : John C. P. Goldberg,Benjamin C. Zipursky
Publisher : Belknap Press
Page : 393 pages
File Size : 54,5 Mb
Release : 2020
Category : Torts
ISBN : 9780674241701
"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"--
Author : Richard Allen Epstein
Publisher : Unknown
Page : 164 pages
File Size : 54,5 Mb
Release : 1980
Category : Law
ISBN : STANFORD:36105043653257
Errata slip inserted. Bibliography: p. 137-140.
Author : M.E. Bayles,Bruce Chapman
Publisher : Springer Science & Business Media
Page : 275 pages
File Size : 44,6 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789400972032
The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.
Author : Gerald J. Postema
Publisher : Cambridge University Press
Page : 350 pages
File Size : 47,8 Mb
Release : 2001-11-19
Category : Philosophy
ISBN : 9781139441278
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.
Author : Thomas Atkins Street
Publisher : Unknown
Page : 546 pages
File Size : 51,7 Mb
Release : 1980
Category : Actions and defenses
ISBN : STANFORD:36105061634296
Author : Thomas A. Street
Publisher : Beard Books
Page : 540 pages
File Size : 44,9 Mb
Release : 1999
Category : Law
ISBN : 1893122174
Author : Thomas Atkins Street
Publisher : Unknown
Page : 548 pages
File Size : 44,8 Mb
Release : 1906
Category : Actions and defenses
ISBN : UOM:35112104609567
Author : Nils Jansen
Publisher : Oxford University Press
Page : 577 pages
File Size : 41,7 Mb
Release : 2022-01-16
Category : Law
ISBN : 9780198705055
This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
Author : Joanne Conaghan,Wade Mansell
Publisher : Pluto Press (UK)
Page : 253 pages
File Size : 41,9 Mb
Release : 1999
Category : Law
ISBN : 0745312934
'Coherently brings together many of the arguments that the left has pressed against tort law' Cambridge Law Journal'Its great strength lies in its uncompromising critique of the traditional textbook analyses of tort doctrine as a logical, neutral and inevitable development of peculiarly legal categories' Modern Law ReviewThis new edition of The Wrongs of Tort has been thoroughly updated to take account of the many new developments since its original publication in 1993 - without losing any of the spirit or vigour of the original text. It challenges the assumption in law education that tort is 'objective', 'neutral' and 'apolitical', and reveals how it is imbued with politics. The authors argue that the system of tort is usually hidden from students and lawyers, and that this is unacceptable because the system is arbitrary, and its underlying ideology callous. This controversial book challenges the prevailing orthodoxy, and continues to shed light on the dusty annals of traditional tort doctrine.
Author : Tsachi Keren-Paz
Publisher : Routledge
Page : 282 pages
File Size : 43,9 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781351144506
This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.
Author : Arthur Ripstein
Publisher : Harvard University Press
Page : 328 pages
File Size : 53,8 Mb
Release : 2016-04-05
Category : Law
ISBN : 9780674659803
Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.