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A Comparative Study Of Liability Law And Compensation Schemes In Ten Countries And The United States
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Book Synopsis A Comparative Study of Liability Law and Compensation Schemes in Ten Countries and the United States by : Werner Pfennigstorf
Download or read book A Comparative Study of Liability Law and Compensation Schemes in Ten Countries and the United States written by Werner Pfennigstorf and published by . This book was released on 1991 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employers' Liability and Workers' Compensation by : Ken Oliphant
Download or read book Employers' Liability and Workers' Compensation written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2012-10-30 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This large-scale comparative study analyses the two principal mechanisms employed in modern legal systems to deal with the social problem of occupational illness and injury, namely, employers' liability and workers' compensation. It provides a detailed description of the systems in operation in twelve countries around the world, investigating the complex legal structures and the interaction with other social institutions, as well as their inter-jurisdictional coordination through private international law. Current international trends are identified and assessed and the fundamental political issues highlighted and explored. The study's ultimate goals are not only descriptive but also to answer the question of how compensation and liability systems can best be adapted to meet society's needs in the 21st century. The countries covered are: Australia (Mark Lunney), Austria (Ernst Karner/Felix Kernbichler), Denmark (Vibe Ulfbeck), England and Wales (Richard Lewis), France (Florence G'Sell/Isabelle Veillard), Germany (Raimund Waltermann), Italy (Alessandro P Scarso/Massimo Foglia), Japan (Keizo Yamamoto/Tomohiro Yoshimasa), the Netherlands (Siewert D Lindenbergh), Poland (Domenika Dörre-Nowak), Romania (Christian Alunaru/Lucian Bojin) and the United States of America (Michael D Green/Daniel S Murdock). The book is completed by three concluding essays that address general themes: Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues
Book Synopsis Compensation for Personal Injury in a Comparative Perspective by : Bernhard A. Koch
Download or read book Compensation for Personal Injury in a Comparative Perspective written by Bernhard A. Koch and published by Springer. This book was released on 2002-12-23 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the law and practice of compensation for personal harm in ten European jurisdictions, each covered by a separate country report. The authors are renowned tort law experts from these legal systems. After addressing the core concepts and foundations of liability in the respective jurisdiction, each report presents an in-depth analysis of the various kinds as well as the extent of damages for personal injury and death. A comparative analysis concludes the volume by focusing on the major differences and similarities among the various jurisdictions.
Book Synopsis Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings by : Dobrochna Bach-Golecka
Download or read book Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings written by Dobrochna Bach-Golecka and published by Springer Nature. This book was released on 2021-05-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Book Synopsis Comparative Studies on Governmental Liability in East and Southeast Asia by : Yong Zhang
Download or read book Comparative Studies on Governmental Liability in East and Southeast Asia written by Yong Zhang and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of Comparative Studies on the Judicial Review System in East and Southeast Asia. The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.
Author :United Kingdom National Committee of Comparative Law Publisher :British Institute for International & Comparative Law ISBN 13 : Total Pages :320 pages Book Rating :4.F/5 ( download)
Book Synopsis Governmental Liability by : United Kingdom National Committee of Comparative Law
Download or read book Governmental Liability written by United Kingdom National Committee of Comparative Law and published by British Institute for International & Comparative Law. This book was released on 1991 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to study how a dozen legal systems have dealt with the problem of providing a financial remedy for individuals who have suffered injury of loss as a result of government activity. The original inspiration for the book came from a collquium on the subject of governmental liability, compensation and the law of civil wrongs, held at Birmingham University in September 1985 under the auspices of the UK National Committee for Comparative Law.
Book Synopsis Elgar Encyclopedia of Comparative Law, Second Edition by : J. M. Smits
Download or read book Elgar Encyclopedia of Comparative Law, Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Book Synopsis Learning from Disaster by : Sheila Jasanoff
Download or read book Learning from Disaster written by Sheila Jasanoff and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected by Choice magazine as an Outstanding Academic Title The 1984 lethal gas leak at the Union Carbide pesticide plant in Bhopal, India, may be the most extensively studied industrial disaster in history. In a departure from earlier studies that have focused primarily on the causes of the catastrophe, Sheila Jasanoff and the contributors to this volume critically examine the consequences of the accident.
Book Synopsis Legal Culture And The Legal Profession by : Lawrence M Friedman
Download or read book Legal Culture And The Legal Profession written by Lawrence M Friedman and published by Routledge. This book was released on 2021-10-28 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.
Book Synopsis The Accidental Republic by : John Fabian Witt
Download or read book The Accidental Republic written by John Fabian Witt and published by Harvard University Press. This book was released on 2009-07-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation’s exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen’s organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen’s compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.
Download or read book ABA Journal written by and published by . This book was released on 1992-06 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Author :United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Consumer Affairs, Foreign Commerce, and Tourism Publisher : ISBN 13 : Total Pages :720 pages Book Rating :4.3/5 (121 download)
Book Synopsis S. 565, the Product Liability Fairness Act of 1995 by : United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Consumer Affairs, Foreign Commerce, and Tourism
Download or read book S. 565, the Product Liability Fairness Act of 1995 written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Consumer Affairs, Foreign Commerce, and Tourism and published by . This book was released on 1996 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Governing Risks written by Pat O'Malley and published by Routledge. This book was released on 2021-12-24 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary law and government are increasingly characterized by a focus on risk. Fields such as health, psychiatry, criminal justice, vehicle safety, urban design and environmental governance all provide examples of settings in which problems are dealt with as risks. While risk has become more prominent, there have also been changes in the nature of risk techniques deployed. Whereas welfare states provided many services through socialized risk - such as social insurances covering health, employment and old age - increasing emphasis is now placed on individual risk management arrangements such as private insurance. In this environment, the positive side of risk has also been made more salient. Enterprise, innovation and risk-taking have become qualities valued, or even required, of current governance. In this volume, the most influential examinations and interpretations of this major trend have been brought together, in order to make clear the range and diversity, the spread and penetration of risk in contemporary societies.
Book Synopsis Personal Injury Compensation by : Werner Pfennigstorf
Download or read book Personal Injury Compensation written by Werner Pfennigstorf and published by . This book was released on 1993 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal Injury Compensation demonstrates how the liability and compensation systems of six European countries work in practice. It shows the extent to which victims of a number of different accident and injury situations are actually compensated from various sources, how the different compensation regimes are co-ordinated, and how the costs of compensation are eventually allocated. It is a detailed exploration of the interaction between the various sources of compensation.
Book Synopsis P5 Medicine and Justice by : Santo Davide Ferrara
Download or read book P5 Medicine and Justice written by Santo Davide Ferrara and published by Springer. This book was released on 2018-03-27 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the state of the art and future prospects of the most important bio-medicolegal subdisciplines in the post-genomic framework of personalized medicine. Focusing on the three main themes Innovation, Unitariness and Evidence, the book addresses a wide range of topics, including: Bio-Medicolegal and Criminological Sciences, Forensic Pathology and Anthropology, Clinical and Forensic Medicine in Living Persons (from Interpersonal Violence to Personal Injury and Damage, Malpractice, Personal Identification and Age Estimation), Forensic Genetics and Genomics, and Toxicology and Imaging. The unitariness of the “Bio-Medicolegal Sciences”, historically founded on the accuracy and rigor of the methods of ascertainment and criteria of evaluation, should be re-established on the basis of molecular evidence, and used to promote Personalized Justice. Taken together, the book’s conclusions and future perspectives outline a vision of transdisciplinary innovation and future evidence in the framework of personalized justice.
Book Synopsis Personal Injury and Wrongful Death Damages Calculations by : John O. Ward
Download or read book Personal Injury and Wrongful Death Damages Calculations written by John O. Ward and published by Emerald Group Publishing. This book was released on 2009-10-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.
Book Synopsis Personal Injury and Damage Ascertainment under Civil Law by : Santo Davide Ferrara
Download or read book Personal Injury and Damage Ascertainment under Civil Law written by Santo Davide Ferrara and published by Springer. This book was released on 2016-10-06 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.
