Justice And Tort Law
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Justice Rights And Tort Law
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Author : M.E. Bayles
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Justice Rights And Tort Law written by M.E. Bayles and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
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.
Justice And Tort Law
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Author : Alan Calnan
language : en
Publisher:
Release Date : 1997
Justice And Tort Law written by Alan Calnan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Inspired by the contemporary debate over tort reform, Justice and Tort Law examines the moral structure and content of tort law to determine whether this movement is good or bad, and to offer insights into the law's uncertain future. Calnan's book presents a liberal account of tort law that is both positive and normative and provides a comprehensive theory and analysis of the justice of tort law. This approach looks beyond the notion of corrective justice and examines concepts of distributive and retributive justice and reciprocity. In presenting his ideas, Calnan explains the distributive nature of all laws, and tort law in particular. This book will especially be of interest to scholars and attorneys interested in tort law reform, but also to professors and practitioners interested in liability law, corrective justice, criminal law, and torts.
Torts Egalitarianism And Distributive Justice
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Author : Tsachi Keren-Paz
language : en
Publisher: Routledge
Release Date : 2018-12-20
Torts Egalitarianism And Distributive Justice written by Tsachi Keren-Paz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Law categories.
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.
Perspectives Of Corrective And Distributive Justice In Tort Law
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Author : Lord Steyn
language : en
Publisher:
Release Date : 2002
Perspectives Of Corrective And Distributive Justice In Tort Law written by Lord Steyn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Distributive justice categories.
Civil Wrongs And Justice In Private Law
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Author : Paul B. Miller
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
Civil Wrongs And Justice In Private Law written by Paul B. Miller and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
"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. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. 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. The present 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. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"--
Wrongful Life Wrongful Birth And Justice In Tort Law
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Author : Patrick J. Kelley
language : en
Publisher:
Release Date : 1979
Wrongful Life Wrongful Birth And Justice In Tort Law written by Patrick J. Kelley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Torts categories.
The Philosophy Of Tort Law
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Author : Izhak Englard
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1993
The Philosophy Of Tort Law written by Izhak Englard and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
There are three pairs of concepts which dominate the contemporary discussion concerning tort law: moral responsibility and social utility; corrective and distributive justice; and strict liability and fault. This text analyzes these concepts and examines their use in the liability context.
Principled International Criminal Justice
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Author : Mark Findlay
language : en
Publisher: Routledge
Release Date : 2018-07-11
Principled International Criminal Justice written by Mark Findlay and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-11 with Law categories.
Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.
Accidental Justice
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Author : Peter A. Bell
language : en
Publisher:
Release Date : 1997
Accidental Justice written by Peter A. Bell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
The roots of tort law, say the authors of this text, lie in human suffering, maimed bodies, and extinguished lives. They discuss tort law's compensatory and deterrant functions; its delays; fortuity, and high transaction costs; and its role in discouraging harmful activities.
Distributive And Corrective Justice In The Tort Law Of Accidents
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Author : Gregory C. Keating
language : en
Publisher:
Release Date : 2005
Distributive And Corrective Justice In The Tort Law Of Accidents written by Gregory C. Keating and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Tort theory is torn between two competing conceptions. One of these - the justice conception - takes the tort law of accidents to be continuous with our ordinary notions of agency and responsibility, carelessness and wrongdoing, harm and reparation. The other - the economic conception - holds that tort accident law should express an appropriately scientific conception of human welfare. Theorists in the first camp have generally believed that justice in tort is a matter of corrective justice, that it is concerned all but exclusively with the rectification of losses wrongfully inflicted. This paper challenges that belief. It argues that we should understand tort law to be primarily a matter of distributive justice - a matter of the fair apportionment of the burdens and benefits of risky activities - and only secondarily a matter of corrective justice. Calling attention to the role that distributive justice plays in the law of torts has an interpretive advantage: it helps to explain and justify the existence of strict liability in tort, something which corrective justice conceptions have had difficulty doing. But focusing on the importance of distributive justice to the law of torts also has transformative implications for the law of torts: it implies that, other things equal, strict liability is to be favored over negligence.