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Author : Matthew Dyson
Publisher : Unknown
Page : 128 pages
File Size : 50,7 Mb
Release : 2014
Category : Criminal law
ISBN : 1316009386
Innovative and groundbreaking research on how tort and crime interrelate in English law.
Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 465 pages
File Size : 50,8 Mb
Release : 2014-07-17
Category : Law
ISBN : 9781107066113
Innovative and groundbreaking research on how tort and crime interrelate in English law.
Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 557 pages
File Size : 45,8 Mb
Release : 2015-07-02
Category : Law
ISBN : 9781107080485
First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 41,9 Mb
Release : 2015-02-26
Category : Law
ISBN : 9781782255420
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Author : John Braithwaite
Publisher : Cambridge University Press
Page : 242 pages
File Size : 55,8 Mb
Release : 1989-03-23
Category : Biography & Autobiography
ISBN : 0521356687
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Author : James Goudkamp
Publisher : A&C Black
Page : 422 pages
File Size : 52,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251897
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
Author : Charles Foster,Jonathan Herring
Publisher : Springer Nature
Page : 92 pages
File Size : 45,8 Mb
Release : 2021-05-01
Category : Law
ISBN : 9783030713348
This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?
Author : Matthew Dyson
Publisher : Unknown
Page : 128 pages
File Size : 42,6 Mb
Release : 2022
Category : LAW
ISBN : 1316507998
"This part of the book contains the Introduction (Chapter 1) and the methodology for modelling the law (Chapter 2). Part 2 examines fault concepts across tort and crime. Part 3 examines three procedural interfaces across tort and crime. Part 4 comprises one chapter on Patterns of Legal Development, and another on the Conclusion. This Part explains the approach the book takes to explaining tort and crime. The Introduction briefly explains how and why this book was written. It covers the purpose, scope, terminology and methodology behind the project as a book. The second chapter explores some concepts in how to compare tort law and criminal law, and how to explain legal development. It covers how to conceive of the map of tort and crime, what the components of legal reasoning for the project are, the modes of interaction of tort and crime, their purposes and the nature of development over time. The time period covered is from 1850 to 2020. The focus is England and Wales, with comparative references predominantly to France and Spain, and further references to Australian, Brazilian, German, Swedish, Chilean and Scottish law, and the law in some states of the USA"--
Author : Matthew Dyson
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2018
Category : Civil law
ISBN : 1780684797
This volume sets out, for nine significant legal systems, an overarching conception of risk in legal theory, particularly of the linked role of risk-taking in generating liability and in liability regulating risk. It is the first book-length comparative attempt to explain what risk-based reasoning adds to private law, with a core focus on the law of tort. Taking tort law as the core case study, the book analyzes national variation in risk understanding, liability, culture and regulation and, from that, develops a legal framework for understanding and responding to risk. The volume draws on more than 25 leading scholars of private law and risk from around the world to develop a coherent and systematic study of risk. The legal systems included span the common law and civil law, large and small, codified and uncodified, as well as those with wider and narrower strict liability rules and causation rules: England and Wales, France, Sweden, Italy, Spain, the Netherlands, Chile, South Africa and Brazil. The book is in two parts. Part I will look at an overview of the whole field, with a particular view on tort law as common focus; Part II will look to a specific and a national response to a narrow aspect of risk and analyze it in more detail. Part II has chapters that range in topic from medical liability (France) to mining (Chile), and from political theory and the welfare state (Sweden), to the constitutionalisation of risk protections (South Africa). This volume is the first multi-handed work on risk to explore what risk-reasoning adds to private law and how best it can be deployed, resisted or simply understood. Subject: Private Law, Legal Theory, Tort Law]
Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 559 pages
File Size : 48,7 Mb
Release : 2022-07-21
Category : Law
ISBN : 9781009302920
Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault doctrine across tort and crime, and to chart and explain three procedural interfaces: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. Matthew Dyson draws on decades of research to offer an analysis of the field, examining patterns of legal development, visible as motifs in the law of many legal systems.
Author : Dr. Suyatno Ladiqi,Dr. Suparto Wijoyo, S.H., M.Hum.a,Aminuddin Mustaffa,DR. Prawitra Thalib, S.H.,M.H.,ACIArb
Publisher : Airlangga University Press
Page : 211 pages
File Size : 43,8 Mb
Release : 2021-11-09
Category : Social Science
ISBN : 9786024737740
Penerbit: Airlangga University Press ISBN: 9786024737740 This book is the fourth compilation as a regular joint publishing effort since 2017 between Sultan Zainal Abidin University (UniSZA), Terengganu, Malaysia, and Airlangga University (UNAIR), Surabaya, Indonesia. Filled by lecturers and students, this book is expected to strengthen the relationship between the two universities and further strengthen the Malaysia-Indonesia relationship.
Author : John Braithwaite,Bina D'Costa
Publisher : ANU Press
Page : 707 pages
File Size : 54,7 Mb
Release : 2018-02-01
Category : Political Science
ISBN : 9781760461904
As in the cascading of water, violence and nonviolence can cascade down from commanding heights of power (as in waterfalls), up from powerless peripheries, and can undulate to spread horizontally (flowing from one space to another). As with containing water, conflict cannot be contained without asking crucial questions about which variables might cause it to cascade from the top-down, bottom up and from the middle-out. The book shows how violence cascades from state to state. Empirical research has shown that nations with a neighbor at war are more likely to have a civil war themselves (Sambanis 2001). More importantly in the analysis of this book, war cascades from hot spot to hot spot within and between states (Autesserre 2010, 2014). The key to understanding cascades of hot spots is in the interaction between local and macro cleavages and alliances (Kalyvas 2006). The analysis exposes the folly of asking single-level policy questions like do the benefits and costs of a regime change in Iraq justify an invasion? We must also ask what other violence might cascade from an invasion of Iraq? The cascades concept is widespread in the physical and biological sciences with cascades in geology, particle physics and the globalization of contagion. The past two decades has seen prominent and powerful applications of the cascades idea to the social sciences (Sunstein 1997; Gladwell 2000; Sikkink 2011). In his discussion of ethnic violence, James Rosenau (1990) stressed that the image of turbulence developed by mathematicians and physicists could provide an important basis for understanding the idea of bifurcation and related ideas of complexity, chaos, and turbulence in complex systems. He classified the bifurcated systems in contemporary world politics as the multicentric system and the statecentric system. Each of these affects the others in multiple ways, at multiple levels, and in ways that make events enormously hard to predict (Rosenau 1990, 2006). He replaced the idea of events with cascades to describe the event structures that 'gather momentum, stall, reverse course, and resume anew as their repercussions spread among whole systems and subsystems' (1990: 299). Through a detailed analysis of case studies in South Asia, that built on John Braithwaite's twenty-five year project Peacebuilding Compared, and coding of conflicts in different parts of the globe, we expand Rosenau's concept of global turbulence and images of cascades. In the cascades of violence in South Asia, we demonstrate how micro-events such as localized riots, land-grabbing, pervasive militarization and attempts to assassinate political leaders are linked to large scale macro-events of global politics. We argue in order to prevent future conflicts there is a need to understand the relationships between history, structures and agency; interest, values and politics; global and local factors and alliances.
Author : Nicholas L. Parsons
Publisher : Lynne Rienner Pub
Page : 243 pages
File Size : 49,6 Mb
Release : 2014
Category : Social Science
ISBN : 1588269833
Ice. Methedrine. Crank. Crystal. Whatever its guise, the social and political contexts of methamphetamine share a certain uniqueness. Nicholas Parsons chronicles the history and mythology of methamphetamine in the United States from the 1940s¿when it was hailed as a wonder drug¿to the present. In an intriguing analysis, he also makes an important contribution to our understanding of the social construction of social problems.
Author : Peter King
Publisher : Cambridge University Press
Page : 368 pages
File Size : 52,6 Mb
Release : 2010-02-04
Category : History
ISBN : 0521129540
How was law made in England in the eighteenth and early nineteenth centuries? Through detailed studies of what the courts actually did, Peter King argues that parliament and the Westminster courts played a less important role in the process of law making than is usually assumed. Justice was often remade from the margins by magistrates, judges and others at the local level. His book also focuses on four specific themes - gender, youth, violent crime and the attack on customary rights. In doing so it highlights a variety of important changes - the relatively lenient treatment meted out to women by the late eighteenth century, the early development of the juvenile reformatory in England before 1825, i.e. before similar changes on the continent or in America, and the growing intolerance of the courts towards everyday violence. This study is invaluable reading to anyone interested in British political and legal history.
Author : Vladislava Stoyanova
Publisher : Cambridge University Press
Page : 513 pages
File Size : 41,7 Mb
Release : 2017-03-16
Category : Law
ISBN : 9781107162280
An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.
