Justifying Strict Liability
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Justifying Strict Liability
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Author : Marco Cappelletti
language : en
Publisher:
Release Date : 2022
Justifying Strict Liability written by Marco Cappelletti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Strict liability categories.
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Justifying Strict Liability
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Author : Marco Cappelletti
language : en
Publisher: Oxford University Press
Release Date : 2022-05-23
Justifying Strict Liability written by Marco Cappelletti and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-23 with Law categories.
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Responsibility And Fault
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Author : Tony Honoré
language : en
Publisher: Hart Publishing
Release Date : 1999-05-19
Responsibility And Fault written by Tony Honoré and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05-19 with Law categories.
Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Justifying Strict Liability
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Author : DR MARCO. CAPPELLETTI
language : en
Publisher:
Release Date : 2024-11-28
Justifying Strict Liability written by DR MARCO. CAPPELLETTI and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-28 with Law categories.
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
General Principles Of Criminal Law
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Author : Jerome Hall
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2010
General Principles Of Criminal Law written by Jerome Hall and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
"The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.
Relating To Responsibility
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Author : Peter Cane
language : en
Publisher: Hart Publishing
Release Date : 2001-10-19
Relating To Responsibility written by Peter Cane and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-19 with Law categories.
Eight essays by leading legal theorists--based on papers presented at two workshops, one in Canberra in November 1999 and the other in New York in March 2000--outline reactions to Tony Honore's (emeritus, civil law, Oxford U.) post-retirement writings on issues related to responsibility, including determinism and luck, causation, responsibility for outcome, and the morality of strict liability. A ninth essay, by Honore, responds to them. The contributors are lawyers and philosophers based in Australia, the US, Canada, and the UK. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
A Theory Of Strict Liability
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Author : Richard Allen Epstein
language : en
Publisher:
Release Date : 1980
A Theory Of Strict Liability written by Richard Allen Epstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
Errata slip inserted. Bibliography: p. 137-140.
Contract Theory
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Author : Stephen A. Smith
language : en
Publisher: OUP Oxford
Release Date : 2004-03-25
Contract Theory written by Stephen A. Smith and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-25 with Law categories.
This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.
Criminal Law Directions
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Author : Nicola Monaghan
language : en
Publisher: Oxford University Press
Release Date : 2016
Criminal Law Directions written by Nicola Monaghan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This volume is written in an engaging and lively manner with an emphasis on explaining the key principles of criminal law with clarity. It includes helpful learning features to guide students through the material in an interesting and informative way.
Criminal Law
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Author : William Wilson
language : en
Publisher: Pearson UK
Release Date : 2020
Criminal Law written by William Wilson and has been published by Pearson UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Criminal law categories.
Enhance understanding of criminal Law and clarify complex issuesCriminal Law (Longman Law series), 7th Edition, by William Wilson, combines coverage of the core legal principles with discussion of the theories and academic debates that underpin the subject. Enhance your understanding of criminal law and make use of the reading references t.