Maimonides And Contemporary Tort Theory

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Maimonides and Contemporary Tort Theory

Author : Yuval Sinai
Publisher : Cambridge University Press
ISBN 13 : 1316843726
Total Pages : 429 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Maimonides and Contemporary Tort Theory by : Yuval Sinai

Download or read book Maimonides and Contemporary Tort Theory written by Yuval Sinai and published by Cambridge University Press. This book was released on 2020-08-06 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Jewish Law Annual Volume 22

Author : Benjamin Porat
Publisher : Taylor & Francis
ISBN 13 : 1317200403
Total Pages : 283 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Jewish Law Annual Volume 22 by : Benjamin Porat

Download or read book The Jewish Law Annual Volume 22 written by Benjamin Porat and published by Taylor & Francis. This book was released on 2023-12-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.

Corrective Justice

Author : Ernest J. Weinrib
Publisher : OUP Oxford
ISBN 13 : 019163638X
Total Pages : 368 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Corrective Justice by : Ernest J. Weinrib

Download or read book Corrective Justice written by Ernest J. Weinrib and published by OUP Oxford. This book was released on 2012-09-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.

The Intrinsic Worth of Persons

Author : Jean Hampton
Publisher : Cambridge University Press
ISBN 13 : 1139460188
Total Pages : 219 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Intrinsic Worth of Persons by : Jean Hampton

Download or read book The Intrinsic Worth of Persons written by Jean Hampton and published by Cambridge University Press. This book was released on 2006-11-13 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, and the maintenance and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy.

Uncertain Causation in Tort Law

Author : Miquel Martín-Casals
Publisher : Cambridge University Press
ISBN 13 : 1316425487
Total Pages : 343 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Uncertain Causation in Tort Law by : Miquel Martín-Casals

Download or read book Uncertain Causation in Tort Law written by Miquel Martín-Casals and published by Cambridge University Press. This book was released on 2015-11-19 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

The Foundation of Choice of Law

Author : Sagi Peari
Publisher : Oxford University Press
ISBN 13 : 019062230X
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Foundation of Choice of Law by : Sagi Peari

Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

Fault Lines of Globalization

Author : Hans Lindahl
Publisher : Oxford University Press
ISBN 13 : 0199601682
Total Pages : 299 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Fault Lines of Globalization by : Hans Lindahl

Download or read book Fault Lines of Globalization written by Hans Lindahl and published by Oxford University Press. This book was released on 2013-09-26 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.

The Cambridge Companion to the Philosophy of Law

Author : John Tasioulas
Publisher : Cambridge University Press
ISBN 13 : 1108963420
Total Pages : 435 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Cambridge Companion to the Philosophy of Law by : John Tasioulas

Download or read book The Cambridge Companion to the Philosophy of Law written by John Tasioulas and published by Cambridge University Press. This book was released on 2020-07-02 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.

Foundations of Private Law

Author : James Gordley
Publisher : OUP Oxford
ISBN 13 : 0191021717
Total Pages : 496 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Foundations of Private Law by : James Gordley

Download or read book Foundations of Private Law written by James Gordley and published by OUP Oxford. This book was released on 2006-01-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

Philosophy in the Islamic World: A Very Short Introduction

Author : Peter Adamson
Publisher : OUP Oxford
ISBN 13 : 0191506591
Total Pages : 144 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Philosophy in the Islamic World: A Very Short Introduction by : Peter Adamson

Download or read book Philosophy in the Islamic World: A Very Short Introduction written by Peter Adamson and published by OUP Oxford. This book was released on 2015-09-24 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the history of philosophy, few topics are so relevant to today's cultural and political landscape as philosophy in the Islamic world. Yet, this remains one of the lesser-known philosophical traditions. In this Very Short Introduction, Peter Adamson explores the history of philosophy among Muslims, Jews, and Christians living in Islamic lands, from its historical background to thinkers in the twentieth century. Introducing the main philosophical themes of the Islamic world, Adamson integrates ideas from the Islamic and Abrahamic faiths to consider the broad philosophical questions that continue to invite debate: What is the relationship between reason and religious belief? What is the possibility of proving God's existence? What is the nature of knowledge? Drawing on the most recent research in the field, this book challenges the assumption of the cultural decline of philosophy and science in the Islamic world by demonstrating its rich heritage and overlap with other faiths and philosophies.

Prophecy

Author : Howard Kreisel
Publisher : Springer Science & Business Media
ISBN 13 : 9401008205
Total Pages : 671 pages
Book Rating : 4.4/5 (1 download)

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Book Synopsis Prophecy by : Howard Kreisel

Download or read book Prophecy written by Howard Kreisel and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other topic, prophecy represents the point at which the Divine meets the human, the Absolute meets the relative. How can a human being attain the Word of God? In what manner does God, when conceived as eternal and transcendent, address corporeal, transitory creatures? What happens to God's divine Truth when it is beheld by minds limited in their power to apprehend, and influenced by the intellectual currents of their time and place? How were these issues viewed by the great Jewish philosophers of the past, who took the divine communication and all it entails seriously, while at the same time desired to understand it as much as humanly possible in the course of dealing with a myriad of other issues that occupied their attention? This book offers an in-depth study of prophecy in the thought of seven of the leading medieval Jewish philosophers: R. Saadiah Gaon, R. Judah Halevi, Maimonides, Gersonides, R. Hasdai Crescas, R. Joseph Albo and Baruch Spinoza. It attempts to capture the `original voice' of these thinkers by looking at the intellectual milieus in which they developed their philosophies, and by carefully analyzing their views in their textual contexts. It also deals with the relation between the earlier approaches and the later ones. Overall, this book presents a significant model for narrating the history of an idea.

The Abrahamic Religions: a Very Short Introduction

Author : Charles L. Cohen
Publisher : Oxford University Press, USA
ISBN 13 : 0190654341
Total Pages : 175 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Abrahamic Religions: a Very Short Introduction by : Charles L. Cohen

Download or read book The Abrahamic Religions: a Very Short Introduction written by Charles L. Cohen and published by Oxford University Press, USA. This book was released on 2020-01-08 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the book of Genesis, God bestows a new name upon Abram--Abraham, a father of many nations. With this name and his Covenant, Abraham would become the patriarch of three of the world's major religions: Judaism, Christianity, and Islam. Connected by their mutual--if differentiated--veneration of the One God proclaimed by Abraham, these traditions share much beyond their origins in the ancient Israel of the Old Testament. This Very Short Introduction explores the intertwined histories of these monotheistic religions, from the emergence of Christianity and Islam to the violence of the Crusades and the cultural exchanges of al-Andalus. Each religion continues to be shaped by this history but has also reacted to the forces of modernity and politics. Movements such as the Reformation and that led by seventh-century Kharijites have emerged, intentioned to reform or restore traditional religious practice but quite different in their goals and effects. Relationships with states, among them Israel and Saudi Arabia, have also figured importantly in their development. The Abrahamic Religions: A Very Short Introduction brings these traditions together into a common narrative, lending much needed context to the story of Abraham and his descendants. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Cambridge Companion to Judaism and Law

Author : Christine Hayes
Publisher : Cambridge University Press
ISBN 13 : 1107036151
Total Pages : 439 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Cambridge Companion to Judaism and Law by : Christine Hayes

Download or read book The Cambridge Companion to Judaism and Law written by Christine Hayes and published by Cambridge University Press. This book was released on 2017-02-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.

Philosophy of Religion

Author : Tim Bayne
Publisher : Oxford University Press
ISBN 13 : 0198754965
Total Pages : 161 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Philosophy of Religion by : Tim Bayne

Download or read book Philosophy of Religion written by Tim Bayne and published by Oxford University Press. This book was released on 2018 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the philosophy of religion? How can we distinguish it from theology on the one hand and the psychology/sociology of religious belief on the other? What does it mean to describe God as eternal? And should religious people want there to be good arguments for the existence of God, or is religious belief only authentic in the absence of these good arguments? In this Very Short Introduction Tim Bayne introduces the field of philosophy of religion, and engages with some of the most burning questions that philosophers discuss. Considering how religion should be defined, and whether we even need to be able to define it in order to engage in the philosophy of religion, he goes on to discuss whether the existence of God matters. Exploring the problem of evil, Bayne also debates the connection between faith and reason, and the related question of what role reason should play in religious contexts. Shedding light on the relationship between science and religion, Bayne finishes by considering the topics of reincarnation and the afterlife. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Maimonides' Ethics

Author : Raymond L. Weiss
Publisher : University of Chicago Press
ISBN 13 : 9780226891521
Total Pages : 244 pages
Book Rating : 4.8/5 (915 download)

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Book Synopsis Maimonides' Ethics by : Raymond L. Weiss

Download or read book Maimonides' Ethics written by Raymond L. Weiss and published by University of Chicago Press. This book was released on 1991-10-25 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from the conference on Priority Issues, Publications Services distributes for the Australian Institution of Engineers. No index. Shows how the 12th-century Hebrew scholar integrated the philosophical systems of Athens and Jerusalem without violating the spirit of either or downplaying their essential incompatibility. Annotation copyrighted by Book News, Inc., Portland, OR

Naïve Readings

Author : Ralph Lerner
Publisher : University of Chicago Press
ISBN 13 : 022635329X
Total Pages : 236 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Naïve Readings by : Ralph Lerner

Download or read book Naïve Readings written by Ralph Lerner and published by University of Chicago Press. This book was released on 2016-04-14 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Naive Readings is a collection of nine of Ralph Lerner s essays on an astonishing range of notoriously difficult and complex authors and texts including Benjamin Franklin s secular and his liturgical writings, Jefferson s Summary View, and Abraham Lincoln s various writings on statesmanship before he took office; Bacon s Essayes, Gibbon s writings on Jews, and Tocqueville on Edmund Burke; and finally Judah Halevi s Kuzari, and Maimonides s Guide of the Perplexed. Lerner presents his essays as experiments that challenge our current habits of reading which, especially in the case of such difficult texts, usually involve a hasty dismissal of whatever is deemed irrelevant and superficial. His aim is to show that such dismissal is almost always an error fatal to gaining a better insight into an author s intent. The antidote, he argues, is to read slowly and naively, paying particular attention to passages where the prose becomes self-conscious, impassioned, and idiosyncratic. It is in these passages, Lerner claims, that we can see a pattern which once it has been discerned appears to have been laying out in plain sight all along. Lerner is especially concerned to untangle surface questions such as the unity of opening and closing, the treatment of significant but not obviously thematic subjects, the surprising choice of a foil for one s argument, and a work s structure and organization. A central issue that animates each of the essays is the question of the author s intended effect on his audiences. Ultimately the plain but barely stated message of all these heterogeneous texts is that notwithstanding our limited understanding and finite powers, we are not absolved, individually or collectively, from confronting and mitigating as best we can the difficulties and dangers that life on earth poses to our flourishing."

Modern Peoplehood

Author : John Lie
Publisher : Univ of California Press
ISBN 13 : 0520289781
Total Pages : 395 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Modern Peoplehood by : John Lie

Download or read book Modern Peoplehood written by John Lie and published by Univ of California Press. This book was released on 2011-04 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[A] most impressive achievement by an extraordinarily intelligent, courageous, and—that goes without saying—'well-read' mind. The scope of this work is enormous: it provides no less than a comprehensive, historically grounded theory of 'modern peoplehood,' which is Lie’s felicitous umbrella term for everything that goes under the names 'race,' 'ethnicity,' and nationality.'" Christian Joppke, American Journal of Sociology "Lie's objective is to treat a series of large topics that he sees as related but that are usually treated separately: the social construction of identities, the origins and nature of modern nationalism, the explanation of genocide, and racism. These multiple themes are for him aspects of something he calls 'modern peoplehood.' His mode of demonstration is to review all the alternative explanations for each phenomenon, and to show why each successively is inadequate. His own theses are controversial but he makes a strong case for them. This book should renew debate." Immanuel Wallerstein, Yale University and author of The Decline of American Power: The U.S. in a Chaotic World