Recognizing Wrongs
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Recognizing Wrongs
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Author : John C. P. Goldberg
language : en
Publisher: Belknap Press
Release Date : 2020
Recognizing Wrongs written by John C. P. Goldberg and has been published by Belknap Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Torts categories.
"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"--
Private Wrongs
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Author : Arthur Ripstein
language : en
Publisher: Harvard University Press
Release Date : 2016-04-05
Private Wrongs written by Arthur Ripstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-05 with Law categories.
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.
Recognizing Wrongs
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Author : John C. P. Goldberg
language : en
Publisher: Harvard University Press
Release Date : 2020-02-04
Recognizing Wrongs written by John C. P. Goldberg and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-04 with Law categories.
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Recognizing Resentment
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Author : Michelle Schwarze
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-22
Recognizing Resentment written by Michelle Schwarze and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-22 with Philosophy categories.
Innovative theory surrounding the liberal demand for sympathetic resentment, which entails a recognition of the political equality of victims of injustice.
Disability Rights And Wrongs
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Author : Tom Shakespeare
language : en
Publisher: Routledge
Release Date : 2006-12-05
Disability Rights And Wrongs written by Tom Shakespeare and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12-05 with Health & Fitness categories.
Over the last thirty years, the field of disability studies has emerged from the political activism of disabled people. In this challenging review of the field, leading disability academic and activist Tom Shakespeare argues that the social model theory has reached a dead end. Drawing on a critical realist perspective, Shakespeare promotes a pluralist, engaged and nuanced approach to disability. Key topics discussed include: dichotomies - the dangerous polarizations of medical model versus social model, impairment versus disability and disabled people versus non-disabled people identity - the drawbacks of the disability movement's emphasis on identity politics bioethics in disability - choices at the beginning and end of life and in the field of genetic and stem cell therapies care and social relationships - questions of intimacy and friendship. This stimulating and accessible book challenges orthodoxies in British disability studies, promoting a new conceptualization of disability and fresh research agenda. It is an invaluable resource for researchers and students in disability studies and sociology, as well as professionals, policy makers and activists.
Wrongs Harms And Compensation
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Author : Adam Slavny
language : en
Publisher: Oxford University Press
Release Date : 2023-08-04
Wrongs Harms And Compensation written by Adam Slavny 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 2023-08-04 with Law categories.
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.
The Intrinsic Worth Of Persons
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Author : Jean Hampton
language : en
Publisher: Cambridge University Press
Release Date : 2006-11-13
The Intrinsic Worth Of Persons written by Jean Hampton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-13 with Philosophy categories.
Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, and the maintenance and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy.
Tort Theory
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Author : Kenneth D. Cooper-Stephenson
language : en
Publisher: Captus Press
Release Date : 1993
Tort Theory written by Kenneth D. Cooper-Stephenson and has been published by Captus Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Damages categories.
How Rights Went Wrong
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Author : Jamal Greene
language : en
Publisher: Houghton Mifflin
Release Date : 2021
How Rights Went Wrong written by Jamal Greene and has been published by Houghton Mifflin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Wrongs Of Passage
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Author : Hank Nuwer
language : en
Publisher: Indiana University Press
Release Date : 2001
Wrongs Of Passage written by Hank Nuwer and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Education categories.
Explores the problems of hazing and binge drinking at fraternities and sororities on American college campuses, telling the stories of some of the young people who have been seriously injured or died as a result of such behaviors; and offers a list of recommendations for reform.