Author: John C. P. Goldberg
Publisher: Belknap Press
ISBN: 0674241703
Category : Torts
Languages : en
Pages : 393
Book Description
"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"--
Recognizing Wrongs
Author: John C. P. Goldberg
Publisher: Belknap Press
ISBN: 0674241703
Category : Torts
Languages : en
Pages : 393
Book Description
"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"--
Publisher: Belknap Press
ISBN: 0674241703
Category : Torts
Languages : en
Pages : 393
Book Description
"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"--
Tort Theory
Author: Kenneth D. Cooper-Stephenson
Publisher: Captus Press
ISBN: 9780921801870
Category : Damages
Languages : en
Pages : 448
Book Description
Publisher: Captus Press
ISBN: 9780921801870
Category : Damages
Languages : en
Pages : 448
Book Description
Maimonides and Contemporary Tort Theory
Author: Yuval Sinai
Publisher: Cambridge University Press
ISBN: 1107179297
Category : Law
Languages : en
Pages : 429
Book Description
Presents Maimonides' complete tort theory, and how it compares with other tort theories both in the Jewish world and beyond.
Publisher: Cambridge University Press
ISBN: 1107179297
Category : Law
Languages : en
Pages : 429
Book Description
Presents Maimonides' complete tort theory, and how it compares with other tort theories both in the Jewish world and beyond.
A Theory of Tort Liability
Author: Allan Beever
Publisher: Bloomsbury Publishing
ISBN: 1509903194
Category : Law
Languages : en
Pages : 272
Book Description
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.
Publisher: Bloomsbury Publishing
ISBN: 1509903194
Category : Law
Languages : en
Pages : 272
Book Description
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.
A Theory of Tort Liability
Author: Allan Beever
Publisher: Bloomsbury Publishing
ISBN: 1509903208
Category : Law
Languages : en
Pages : 272
Book Description
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.
Publisher: Bloomsbury Publishing
ISBN: 1509903208
Category : Law
Languages : en
Pages : 272
Book Description
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.
Philosophical Foundations of the Law of Torts
Author: John Oberdiek
Publisher:
ISBN: 0198701381
Category : Law
Languages : en
Pages : 464
Book Description
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.
Publisher:
ISBN: 0198701381
Category : Law
Languages : en
Pages : 464
Book Description
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.
The Theory and Principles of Tort Law
Author: Thomas A. Street
Publisher: Beard Books
ISBN: 9781893122178
Category : Law
Languages : en
Pages : 540
Book Description
Publisher: Beard Books
ISBN: 9781893122178
Category : Law
Languages : en
Pages : 540
Book Description
The Wrongs of Tort
Author: Joanne Conaghan
Publisher: Pluto Press (UK)
ISBN: 9780745312934
Category : Law
Languages : en
Pages : 253
Book Description
'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.
Publisher: Pluto Press (UK)
ISBN: 9780745312934
Category : Law
Languages : en
Pages : 253
Book Description
'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.
Private Wrongs
Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674659805
Category : Law
Languages : en
Pages : 328
Book Description
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.
Publisher: Harvard University Press
ISBN: 0674659805
Category : Law
Languages : en
Pages : 328
Book Description
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.
A Theory of Strict Liability
Author: Richard Allen Epstein
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 164
Book Description
Errata slip inserted. Bibliography: p. 137-140.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 164
Book Description
Errata slip inserted. Bibliography: p. 137-140.