Perspectives Of Corrective And Distributive Justice In Tort Law
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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.
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.
Tort Law
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Author :
language : en
Publisher: Ingram
Release Date : 2007
Tort Law written by and has been published by Ingram this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Fourth Edition of this unique casebook has been dramatically revised. This new edition presents the important cases, statutes, empirical data, and competing tort theories in a problems-oriented format that is designed to help students acquire a sophisticated understanding of tort law through active learning. As before, the text includes a large number of problems. Now, however, the Problems, updated and considerably expanded, are organized in Sets at the end of each substantive chapter. This extensively re-written and reorganized edition includes the classic common law torts cases, but is updated throughout with teachable, cutting-edge decisions that will demand student interest and hold their attention. Particular care has been to take account of the most recent commentaries on tort law, such as the growing importance of the Restatement (Third) of Torts. Chapter One is unique among American torts casebooks in its examination of how the dominant twenty-first century tort theories influence judicial decisionmaking and scholarship. That chapter explains six key perspectives on tort law: Law and Economics; Corrective Justice; Critical Race Theory; Critical Feminism; Pragmatism; and Social Justice Chapter One references the famous McDonald's hot coffee litigation as a case study to illustrate these perspectives in action. Subsequent chapters continue to work through that case study and continually reference the perspectives to explain or challenge the decided cases. The authors seek to provide students with innovative cases and problems, empowering them with practical skills. By exposing students to the most important contemporary tort law theories, the Fourth Edition of this casebook encourages students to go beyond passively memorizing case holdings and the voyeuristic experience of reading appellate opinions and truly gain perspectives on tort law. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Corrective And Distributive Justice
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Author : Izhak Englard
language : en
Publisher: Oxford University Press
Release Date : 2009-02-17
Corrective And Distributive Justice written by Izhak Englard 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 2009-02-17 with Law categories.
Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.
Perspectives On Tort Law
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Author : Robert L. Rabin
language : en
Publisher: Aspen Publishers
Release Date : 1995
Perspectives On Tort Law written by Robert L. Rabin and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
Universally considered to be pathbreaking, landmark, original, and provocative since its first edition was published three decades ago, "Women in Law" continues to provide a sociological and historical analysis of the overt and subtle ceilings placed on women in the legal profession in their various roles. It is a foundational work for departments of gender studies, law, and sociology - but also reads as accessible and interesting to a general audience. Adding a new foreword by Stanford's Deborah Rhode, the thirtieth anniversary edition of this classic book reports countless revealing interviews, war stories, and inside glimpses of the many professional roles that women inhabit: lawyers, judges, professors, leaders, and backroom labor. It also brings vividly to life the candid - and sometimes cringeworthy - assessments by male lawyers and judges about the changes to the profession ushered in by the increasing entry of women to the lawyers' club. Part of the "Classics of Law & Society" Series from Quid Pro, "Women in Law" is recognized as within the canon of its field, and now is available in a modern paperback format. It features embedded page numbers from the previous print editions (to facilitate referencing, classroom assignment, and continuity with the new ebook editions), as well as all the original tables and figures. "From the new Foreword: " "When Cynthia Fuchs Epstein published her pathbreaking account of "Women in Law," their status in the profession was separate and anything but equal.... Over the last three decades, much has changed but too much has remained the same. Now, about half of new lawyers in the United States are women and they are fairly evenly distributed across substantive areas. Yet significant gender disparities persist. Women constitute about a third of the lawyers in large firms, but only about 17 percent of equity partners. Attrition rates are almost twice as high among female associates as among comparable male associates.... When Epstein published "Women in Law," part of what attracted its widespread acclaim was its originality; it was among the first in what has now become a rich literature on gender and diversity in the profession. Indeed, the fact that the book is being reissued testifies not only to its enduring scholarly value, but also to the attention that the issue now commands.... Her book helped inspire that movement, and our profession remains deeply in her debt." - Deborah L. RhodeErnest W. McFarland Professor of Law, Stanford Law School "Impressive ... a story which the legal world can read with no legal pride and which others will read with substantial interest." - "New York Times Book Review" (reviewing the first edition)
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.
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.
Corrective Justice
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Author : Ernest J. Weinrib
language : en
Publisher: OUP Oxford
Release Date : 2012-09-20
Corrective Justice written by Ernest J. Weinrib and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-20 with Law categories.
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Feminist Perspectives On Tort Law
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Author : Janice Richardson
language : en
Publisher: Routledge
Release Date : 2012
Feminist Perspectives On Tort Law written by Janice Richardson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Feminist Perspectives on Tort brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law.
Philosophical Foundations Of The Law Of Torts
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Author : John Oberdiek
language : en
Publisher: OUP Oxford
Release Date : 2014-03-20
Philosophical Foundations Of The Law Of Torts written by John Oberdiek and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-20 with Law categories.
Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.