The Wrongs Of Tort
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The Wrongs Of Tort
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Author : Joanne Conaghan
language : en
Publisher: Pluto Press (UK)
Release Date : 1999
The Wrongs Of Tort written by Joanne Conaghan and has been published by Pluto Press (UK) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
'Coherently brings together many of the arguments that the left has pressed against tort law' Cambridge Law Journal'Its great strength lies in its uncompromising critique of the traditional textbook analyses of tort doctrine as a logical, neutral and inevitable development of peculiarly legal categories' Modern Law ReviewThis new edition of The Wrongs of Tort has been thoroughly updated to take account of the many new developments since its original publication in 1993 - without losing any of the spirit or vigour of the original text. It challenges the assumption in law education that tort is 'objective', 'neutral' and 'apolitical', and reveals how it is imbued with politics. The authors argue that the system of tort is usually hidden from students and lawyers, and that this is unacceptable because the system is arbitrary, and its underlying ideology callous. This controversial book challenges the prevailing orthodoxy, and continues to shed light on the dusty annals of traditional tort doctrine.
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.
Remedies For Torts And Breach Of Contract
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press
Release Date : 1994
Remedies For Torts And Breach Of Contract written by Andrew S. Burrows 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 1994 with Law categories.
Remedies is the principal area around which the concept of obligations is developed, and is taught as a course option at some universities. This book has proved to be ideal as the main text for such an option.
Torts And Other Wrongs
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Author : John Gardner
language : en
Publisher:
Release Date : 2019
Torts And Other Wrongs written by John Gardner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.
A Theory Of Tort Liability
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Author : Allan Beever
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-08-25
A Theory Of Tort Liability written by Allan Beever and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-25 with Law categories.
This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.
The Wrongs Of Tort
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Author : Joanne Conaghan
language : en
Publisher: Pluto Press (UK)
Release Date : 1993-01
The Wrongs Of Tort written by Joanne Conaghan and has been published by Pluto Press (UK) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01 with Law categories.
Unravelling Tort And Crime
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Author : Matthew Dyson
language : en
Publisher: Cambridge University Press
Release Date : 2014-07-17
Unravelling Tort And Crime written by Matthew Dyson 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 2014-07-17 with Law categories.
Innovative and groundbreaking research on how tort and crime interrelate in English law.
Tort Liability For Psychiatric Damage
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Author : Nicholas J. Mullany
language : en
Publisher: Lawbook Company
Release Date : 1993
Tort Liability For Psychiatric Damage written by Nicholas J. Mullany and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Monograph surveying the field of claims for liability in cases of 'nervous shock', a term rejected by the authors, who are Western Australian lawyers. Covers several jurisdictions including Australia, Canada and the United Kingdom. Included are a table of cases, a table of statutes and an index.
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.
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.