Torts Law Review
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The Tort Law Review
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Author :
language : en
Publisher:
Release Date : 2003
The Tort Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Torts categories.
Understanding Tort Law
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Author : Carol Harlow
language : en
Publisher: Sweet & Maxwell
Release Date : 2005
Understanding Tort Law written by Carol Harlow and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.
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.
Essays On The Law Of Torts
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Author : Harvard law review
language : en
Publisher:
Release Date : 1967
Essays On The Law Of Torts written by Harvard law review and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Torts categories.
Scholars Of Tort Law
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Author : James Goudkamp
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-03
Scholars Of Tort Law written by James Goudkamp and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.
The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
The Evolution From Strict Liability To Fault In The Law Of Torts
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Author : Anthony Gray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
The Evolution From Strict Liability To Fault In The Law Of Torts written by Anthony Gray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
Philosophy And The Law Of Torts
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Author : Gerald J. Postema
language : en
Publisher: Cambridge University Press
Release Date : 2001-11-19
Philosophy And The Law Of Torts written by Gerald J. Postema 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 2001-11-19 with Philosophy categories.
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
Essays On The Law Of Torts
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Author : Harvard Law Review
language : en
Publisher:
Release Date : 1959
Essays On The Law Of Torts written by Harvard Law Review and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Torts categories.
Fault Lines
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Author : David M. Engel
language : en
Publisher: Stanford University Press
Release Date : 2009-04-24
Fault Lines written by David M. Engel and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-24 with Law categories.
Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation. Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.
Philosophical Foundations Of The Law Of Torts
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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.