Tort Law And Social Morality
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Property Law And Social Morality
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Author : Peter M. Gerhart
language : en
Publisher: Cambridge University Press
Release Date : 2014
Property Law And Social Morality written by Peter M. Gerhart 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 with Law categories.
Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.
Tort Law And Social Morality
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Author : Peter M. Gerhart
language : en
Publisher:
Release Date : 2014-05-14
Tort Law And Social Morality written by Peter M. Gerhart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Law categories.
Develops a theory of tort law integrating deontic and consequential approaches by applying justificational analysis to identify its factors, circumstances, and values.
Contract Law And Social Morality
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Author : Peter M. Gerhart
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
Contract Law And Social Morality written by Peter M. Gerhart 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 2021-02-18 with Law categories.
A concise and readable guide to reasoning about the source and content of contractual obligations when disagreements arise.
Tort Law And Social Morality
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Author : Peter M. Gerhart
language : en
Publisher: Cambridge University Press
Release Date : 2010-04-19
Tort Law And Social Morality written by Peter M. Gerhart 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 2010-04-19 with Law categories.
This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.
Moral Argument And Social Vision In The Courts
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Author : Henry J. Steiner
language : en
Publisher:
Release Date : 1987
Moral Argument And Social Vision In The Courts written by Henry J. Steiner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
In this book, the author examines the role of appellate courts in developing legal doctrine. He builds upon his analysis on the changes in the rules of tort accident law during the past thirty years to explore generally the structure of judicial argument.
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.
Responsibility In Law And Morality
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Author : Peter Cane
language : en
Publisher: Hart Publishing
Release Date : 2002-04-17
Responsibility In Law And Morality 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 2002-04-17 with Law categories.
In this book, Cane aims to confront the view that morality stands to law as critical standard to conventional practice.
Torts And Social Morality
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Author : Peter M. Gerhart
language : en
Publisher:
Release Date : 2010
Torts And Social Morality written by Peter M. Gerhart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Torts categories.
Key Ideas In Tort Law
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Author : Peter Cane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-10
Key Ideas In Tort Law written by Peter Cane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.
This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people's behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort 'doctrine'-tort law's rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject. 'In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.' Andrew Robertson, Professor of Law, Melbourne Law School
Moral Argument And Social Vision In The Courts
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Author : Henry J. Steiner
language : en
Publisher:
Release Date : 1987
Moral Argument And Social Vision In The Courts written by Henry J. Steiner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with categories.
In this book, the author examines the role of appellate courts in developing legal doctrine. He builds upon his analysis on the changes in the rules of tort accident law during the past thirty years to explore generally the structure of judicial argument.