Recognizing Wrongs
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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.
Much bemoaned and widely misunderstood, tort law provides an essential vehicle for injured parties to seek redress from wrongdoers and hold them accountable. John Goldberg and Benjamin Zipursky defend tort law against its critics and lay out comprehensively their increasingly influential “civil recourse” conception of tort.
Recognizing Wrongs
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Author : John C. P. Goldberg
language : en
Publisher: Belknap Press
Release Date : 2020-02-04
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 2020-02-04 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.
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.
Civil Wrongs And Justice In Private Law
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Author : Paul B. Miller
language : en
Publisher:
Release Date : 2020
Civil Wrongs And Justice In Private Law written by Paul B. Miller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
The notion of a civil wrong is one of the most fundamental concepts in private law. Without the concept of a civil wrong, areas of private law like tort law or property law would not be able to fulfil their aims. This volume brings together a wide variety of scholars who have written original papers exploring the centrally important notion of a civil wrong.
New Directions In Private Law Theory
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Author : Fabiana Bettini
language : en
Publisher: UCL Press
Release Date : 2023-10-16
New Directions In Private Law Theory written by Fabiana Bettini and has been published by UCL Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-16 with Law categories.
New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.
Agency Negligence And Responsibility
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Author : Veronica Rodriguez-Blanco
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-04
Agency Negligence And Responsibility written by Veronica Rodriguez-Blanco 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 2021-11-04 with Law categories.
An agenda-setting multidisciplinary and interdisciplinary analysis of the complex phenomenon of responsibility in negligence.
Research Handbook On Private Law Theory
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Author : Hanoch Dagan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Research Handbook On Private Law Theory written by Hanoch Dagan and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Standing In Private Law
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Author : Timothy Liau
language : en
Publisher: Oxford University Press
Release Date : 2023-06-21
Standing In Private Law written by Timothy Liau 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 2023-06-21 with Law categories.
Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swallowed up by the more dominant and capacious concept of a 'right'. However, standing is a distinct and separable private law concept that can and should be distinguished more clearly from 'right'. Doing so is necessary for the continued rational development of private law doctrine. It is also necessary for a deeper theoretical understanding of standing's significance, and its place within the remedial apparatus of private law. This book argues that an implicit standing rule exists across the law of obligations. It examines its justifiability, and the justifiability of exceptions to the rule. It also shows how and why recognising standing's distinctiveness can help us to interpret, develop, and resolve debates within different areas of private law, including the laws of contract, torts, unjust enrichments, and relatedly, the law of trusts.
Reasonableness And Risk
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Author : Gregory C. Keating
language : en
Publisher: Oxford University Press
Release Date : 2022
Reasonableness And Risk written by Gregory C. Keating 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 with Law categories.
The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. This book argues that tort law addresses a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility.
Private Law And Practical Reason
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Author : Haris Psarras
language : en
Publisher: Oxford University Press
Release Date : 2023-03-15
Private Law And Practical Reason written by Haris Psarras 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 2023-03-15 with Law categories.
The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.