Wrongs Harms And Compensation

Author : Adam Slavny
Publisher : Oxford University Press
Page : 241 pages
File Size : 43,9 Mb
Release : 2023-09
Category : Law
ISBN : 9780192864567

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Wrongs, Harms, and Compensation by Adam Slavny Pdf

Non-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.

Author : James Stacey Taylor
Publisher : Routledge
Page : 170 pages
File Size : 48,7 Mb
Release : 2022-03-10
Category : Philosophy
ISBN : 9781000553864

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Bloody Bioethics by James Stacey Taylor Pdf

This is the first book to argue in favor of paying people for their blood plasma. It does not merely argue that offering compensation to plasma donors is morally permissible. It argues that prohibiting donor compensation is morally wrong—and that it is morally wrong for all of the reasons that are offered against allowing donor compensation. Opponents of donor compensation claim that it will reduce the amount and quality of plasma obtained, exploit and coerce donors, and undermine social cohesion. James Stacey Taylor argues that empirical evidence demonstrates that compensating plasma donors greatly increases the amount of plasma obtained with no adverse effects on the quality of the pharmaceutical products that are manufactured from it. Prohibiting compensation thus harms patients by reducing their access to the medicines they need. He also argues that it is the prohibition of compensation—not its offer—that exploits donors, fails to respect the moral need to secure a person’s authoritative consent to her treatment, and prevents donors from giving their informed consent to donate. Prohibiting compensation thus not only harms patients but also wrongs donors. Bloody Bioethics will appeal to researchers, advanced students, and medical professionals interested in bioethics, moral philosophy, and the moral limits of markets.

Author : Paul B. Miller,John Oberdiek
Publisher : Oxford University Press
Page : 553 pages
File Size : 53,6 Mb
Release : 2020-02-05
Category : Law
ISBN : 9780190865283

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Civil Wrongs and Justice in Private Law by Paul B. Miller,John Oberdiek Pdf

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.

Author : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 40,9 Mb
Release : 2021-01-15
Category : Law
ISBN : 9780198851356

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Oxford Studies in Private Law Theory: Volume I by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek Pdf

This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

Author : Dale F. Murray
Publisher : Continuum
Page : 184 pages
File Size : 53,9 Mb
Release : 2007-08-15
Category : Philosophy
ISBN : UOM:39015082644264

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Nozick, Autonomy and Compensation by Dale F. Murray Pdf

Murray examines Nozick's critique of the welfare state, argues the case for compensation and then offers a novel reconstruction of Nozick's libertarianism in the light of this analysis as a possible approach for more positive rights

Author : Victor Tadros
Publisher : Oxford University Press on Demand
Page : 385 pages
File Size : 49,9 Mb
Release : 2011-09-15
Category : Law
ISBN : 9780199554423

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The Ends of Harm by Victor Tadros Pdf

How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.

Author : Arthur Ripstein
Publisher : Harvard University Press
Page : 328 pages
File Size : 44,6 Mb
Release : 2016-04-05
Category : Law
ISBN : 9780674659803

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Private Wrongs by Arthur Ripstein Pdf

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.

Author : Anonim
Publisher : Oxford University Press
Page : 433 pages
File Size : 51,8 Mb
Release : 2024-02-01
Category : Law
ISBN : 9780198885375

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Methodology in Private Law Theory by Anonim Pdf

Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.

Author : Christopher Essert
Publisher : Oxford University Press
Page : 249 pages
File Size : 41,8 Mb
Release : 2024
Category : Law
ISBN : 9780197768952

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Property Law in the Society of Equals by Christopher Essert Pdf

"Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--

Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 465 pages
File Size : 50,6 Mb
Release : 2014-07-17
Category : Law
ISBN : 9781107066113

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Unravelling Tort and Crime by Matthew Dyson Pdf

Innovative and groundbreaking research on how tort and crime interrelate in English law.

Author : DAVID. WALL SOBEL (STEVEN.)
Publisher : Oxford University Press
Page : 223 pages
File Size : 49,9 Mb
Release : 2024-07-18
Category : Philosophy
ISBN : 9780198909460

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Oxford Studies in Political Philosophy Volume 10 by DAVID. WALL SOBEL (STEVEN.) Pdf

This is the tenth volume of Oxford Studies in Political Philosophy. The series aims to publish some of the best contemporary work in the vibrant field of political philosophy and its closely related subfields, including jurisprudence, normative economics, political theory in political science departments, and just war theory.

Author : Andrew Mason
Publisher : Oxford University Press
Page : 251 pages
File Size : 48,9 Mb
Release : 2023-07-27
Category : Philosophy
ISBN : 9780192859792

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What's Wrong with Lookism? by Andrew Mason Pdf

People are treated differently as a result of their looks. But when is appearance discrimination, or "lookism" as it is often called, morally objectionable? This issue is important for at least two reasons. First, the benefits that flow to people who are regarded as visually attractive are sizeable and are enjoyed in a number of contexts, including employment, personal relationships, education, politics, and the criminal justice system. Second, appearance discrimination is of moral interest not only in its own right, but also in terms of its connection to other forms of discrimination. Appearance norms, that is, norms concerning how we should look, often place greater burdens on disadvantaged groups. As a result, discrimination on the basis of appearance, when it rewards people who conform to these norms, may involve, or interact with, the effects of, wrongful discrimination on the basis of features other than appearance, in a way that aggravates existing injustices. What's Wrong with Lookism? examines the morality of appearance discrimination in three contexts: employment decisions; the choice of friends or romantic partners; and the everyday practice of judging and commenting upon people's looks. Andrew Mason develops a pluralist theory of what makes discrimination wrong that identifies three wrong-making features, namely, disrespect, deliberative unfairness, and contributing to unjust consequences, and demonstrates how the presence of one or more of these features in each of these contexts problematises the lookism that takes place in it.

Author : Catriona Mackenzie,Wendy Rogers,Susan Dodds
Publisher : Oxford University Press
Page : 331 pages
File Size : 54,7 Mb
Release : 2014
Category : Philosophy
ISBN : 9780199316656

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Vulnerability by Catriona Mackenzie,Wendy Rogers,Susan Dodds Pdf

This volume breaks new ground by investigating the ethics of vulnerability. Drawing on various ethical traditions, the contributors explore the nature of vulnerability, the responsibilities owed to the vulnerable, and by whom.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration and Claims
Publisher : Unknown
Page : 216 pages
File Size : 53,7 Mb
Release : 2000
Category : Business & Economics
ISBN : PURD:32754071529089

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Radiation Workers Justice Act of 1998 by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration and Claims Pdf

Author : John C. P. Goldberg,Benjamin C. Zipursky
Publisher : Belknap Press
Page : 393 pages
File Size : 45,7 Mb
Release : 2020
Category : Torts
ISBN : 9780674241701

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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"--