Tort Theory
DOWNLOAD
Download Tort Theory PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Tort Theory book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
A Theory Of Tort Liability
DOWNLOAD
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.
Tort Theory
DOWNLOAD
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.
Maimonides And Contemporary Tort Theory
DOWNLOAD
Author : Yuval Sinai
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-30
Maimonides And Contemporary Tort Theory written by Yuval Sinai 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 2022-06-30 with Law categories.
Maimonides lived in Spain and Egypt in the twelfth century, and is perhaps the most widely studied figure in Jewish history. This book presents, for the first time, Maimonides' complete tort theory and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new as well as religious and secular, Maimonides and Contemporary Tort Theory offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues that will be of interest to both religious and secular scholars. The authors mention several surprising points of similarity between certain elements of theories recently formulated by North American scholars and the Maimonidean theory. Alongside these similarities significant differences are also highlighted, some of them deriving from conceptual-jurisprudential differences and some from the difference between religious law and secular-liberal law.
Maimonides And Contemporary Tort Theory
DOWNLOAD
Author : Yuval Sinai
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-06
Maimonides And Contemporary Tort Theory written by Yuval Sinai 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 2020-08-06 with Law categories.
Presents Maimonides' complete tort theory, and how it compares with other tort theories both in the Jewish world and beyond.
Recognizing Wrongs
DOWNLOAD
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.
Philosophical Foundations Of The Law Of Torts
DOWNLOAD
Author : John Oberdiek
language : en
Publisher:
Release Date : 2014-02
Philosophical Foundations Of The Law Of Torts written by John Oberdiek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02 with Law categories.
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
The Wrongs Of Tort
DOWNLOAD
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.
Philosophical Foundations Of The Law Of Torts
DOWNLOAD
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.
Justice Rights And Tort Law
DOWNLOAD
Author : M.E. Bayles
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Justice Rights And Tort Law written by M.E. Bayles and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.
Philosophical Foundations Of Tort Law
DOWNLOAD
Author : David G. Owen
language : en
Publisher:
Release Date : 1995
Philosophical Foundations Of Tort Law written by David G. Owen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.