Torts Egalitarianism And Distributive Justice

Author : Tsachi Keren-Paz
Publisher : Routledge
Page : 282 pages
File Size : 54,6 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781351144506

Get Book

Torts, Egalitarianism and Distributive Justice by Tsachi Keren-Paz Pdf

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 : Cambridge University Press
Page : 324 pages
File Size : 42,7 Mb
Release : 2001-03-12
Category : Law
ISBN : 0521003075

Get Book

Equality, Responsibility, and the Law by Arthur Ripstein Pdf

Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.

Author : Yitschak Keren-Paz
Publisher : Unknown
Page : 964 pages
File Size : 41,6 Mb
Release : 2000
Category : Distributive justice
ISBN : OCLC:58416000

Get Book

The Limits of Private Law by Yitschak Keren-Paz Pdf

Author : John Gardner
Publisher : Oxford University Press
Page : 350 pages
File Size : 43,7 Mb
Release : 2019-12-18
Category : Law
ISBN : 9780192596147

Get Book

Torts and Other Wrongs by John Gardner Pdf

Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tort adjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

Author : Thomas Koenig,Michael Rustad
Publisher : NYU Press
Page : 363 pages
File Size : 51,5 Mb
Release : 2003-10
Category : Law
ISBN : 9780814747582

Get Book

In Defense of Tort Law by Thomas Koenig,Michael Rustad Pdf

Tort law is a good thing (whatever it is....).

Author : Ernest J. Weinrib
Publisher : OUP Oxford
Page : 368 pages
File Size : 41,5 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191636387

Get Book

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.

Author : John Oberdiek
Publisher : Unknown
Page : 464 pages
File Size : 54,8 Mb
Release : 2014-02
Category : Law
ISBN : 9780198701385

Get Book

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.

Author : Samuel Freeman
Publisher : Oxford University Press
Page : 256 pages
File Size : 52,6 Mb
Release : 2018-07-02
Category : Philosophy
ISBN : 9780190699284

Get Book

Liberalism and Distributive Justice by Samuel Freeman Pdf

Samuel Freeman is a leading political philosopher and one of the foremost authorities on the works of John Rawls. Liberalism and Distributive Justice offers a series of Freeman's essays in contemporary political philosophy on three different forms of liberalism-classical liberalism, libertarianism, and the high liberal tradition--and their relation to capitalism, the welfare state, and economic justice.

Author : Randy E. Barnett
Publisher : Oxford University Press, USA
Page : 363 pages
File Size : 43,8 Mb
Release : 1998-04-02
Category : Political Science
ISBN : 9780191522048

Get Book

The Structure of Liberty : Justice and the Rule of Law by Randy E. Barnett Pdf

In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Author : Anthony De Jasay
Publisher : Amagi Books
Page : 366 pages
File Size : 49,8 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105060295099

Get Book

Justice and Its Surroundings by Anthony De Jasay Pdf

Libertarian (in the right-wing sense) political philosopher de Jasay presents 17 essays on his conception of justice and issues that he sees as surrounding the concept of justice: the state, the redistribution of income and wealth, the benefits and burdens between those who make collective choices and those who submit to them, the shaping of economic and social institutions so as to make them fit a unified ideology, and the problem of individual liberty. Annotation copyrighted by Book News, Inc., Portland, OR

Author : John C. P. Goldberg,Benjamin C. Zipursky
Publisher : Belknap Press
Page : 393 pages
File Size : 53,8 Mb
Release : 2020
Category : Torts
ISBN : 9780674241701

Get Book

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"--

Author : Robert H. Bork
Publisher : Harper Collins
Page : 434 pages
File Size : 54,7 Mb
Release : 2010-11-16
Category : Political Science
ISBN : 9780062030917

Get Book

Slouching Towards Gomorrah by Robert H. Bork Pdf

In this New York Times bestselling book, Robert H. Bork, our country's most distinguished conservative scholar, offers a prophetic and unprecedented view of a culture in decline, a nation in such serious moral trouble that its very foundation is crumbling: a nation that slouches not towards the Bethlehem envisioned by the poet Yeats in 1919, but towards Gomorrah. Slouching Towards Gomorrah is a penetrating, devastatingly insightful exposé of a country in crisis at the end of the millennium, where the rise of modern liberalism, which stresses the dual forces of radical egalitarianism (the equality of outcomes rather than opportunities) and radical individualism (the drastic reduction of limits to personal gratification), has undermined our culture, our intellect, and our morality. In a new Afterword, the author highlights recent disturbing trends in our laws and society, with special attention to matters of sex and censorship, race relations, and the relentless erosion of American moral values. The alarm he sounds is more sobering than ever: we can accept our fate and try to insulate ourselves from the effects of a degenerating culture, or we can choose to halt the beast, to oppose modern liberalism in every arena. The will to resist, he warns, remains our only hope.

Author : Ronald Dworkin
Publisher : Harvard University Press
Page : 532 pages
File Size : 51,6 Mb
Release : 2000
Category : Law
ISBN : 0674008103

Get Book

Sovereign Virtue by Ronald Dworkin Pdf

Equality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In his new book Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation's wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles--first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life--to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.

Author : Charles Waddell Chesnutt
Publisher : Read Books Ltd
Page : 304 pages
File Size : 46,7 Mb
Release : 2022-02-08
Category : Fiction
ISBN : 9781528793100

Get Book

The Marrow of Tradition by Charles Waddell Chesnutt Pdf

"The Marrow of Tradition" is a 1901 historical novel written by the African-American author Charles W. Chesnutt. Set in 1898, it presents a fictionalised version of events related to the Wilmington Insurrection in Wilmington, a riot enacted by white supremacists in North Carolina. Charles Waddell Chesnutt (1858 –1932) was an African-American essayist, lawyer, author, and political activist most famous for his novels and short stories that deal with the issues of racial identity in the post-Civil War South. "The Marrow of Tradition" offers a glimpse into what transpired during the terrible events of that year—highly recommended for those with an interest in African-American history. Contents include: "Charles W. Chesnutt by Benjamin Brawley", "At Break of Day", "The Christening Party", "The Editor at Work", "Theodore Felix", "A Journey Southward", "Janet", "The Operation", "The Campaign Drags", "White Man's 'Nigger'", "Delamere Plays a Trump", etc. Read & Co. Classics is proudly republishing this historical novel now complete the biography "Charles W. Chesnutt" by Benjamin Brawley.

Author : Izhak Englard
Publisher : Oxford University Press
Page : 256 pages
File Size : 46,5 Mb
Release : 2009-02-17
Category : Law
ISBN : 9780199748433

Get Book

Corrective and Distributive Justice by Izhak Englard Pdf

Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.