Recognizing Wrongs

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Publisher : Harvard University Press
ISBN 13 : 0674246527
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Recognizing Wrongs by : John C. P. Goldberg

Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tort Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316598497
Total Pages : 465 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Tort Law by : Keith N. Hylton

Download or read book Tort Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2016-06-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

Maimonides and Contemporary Tort Theory

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Publisher : Cambridge University Press
ISBN 13 : 9781316631249
Total Pages : 0 pages
Book Rating : 4.6/5 (312 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 2022-06-30 with total page 0 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.

A Theory of Tort Liability

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509903194
Total Pages : 437 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis A Theory of Tort Liability by : Allan Beever

Download or read book A Theory of Tort Liability written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Captus Press
ISBN 13 : 9780921801870
Total Pages : 448 pages
Book Rating : 4.8/5 (18 download)

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Book Synopsis Tort Theory by : Kenneth D. Cooper-Stephenson

Download or read book Tort Theory written by Kenneth D. Cooper-Stephenson and published by Captus Press. This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophical Foundations of the Law of Torts

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Author :
Publisher :
ISBN 13 : 0198701381
Total Pages : 464 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Philosophical Foundations of the Law of Torts by : John Oberdiek

Download or read book Philosophical Foundations of the Law of Torts written by John Oberdiek and published by . This book was released on 2014-02 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Structure of Tort Law

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Publisher : Oxford University Press
ISBN 13 : 0198705050
Total Pages : 577 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Structure of Tort Law by : Nils Jansen

Download or read book The Structure of Tort Law written by Nils Jansen and published by Oxford University Press. This book was released on 2022-01-16 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.

The Theory and Principles of Tort Law

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Author :
Publisher : Beard Books
ISBN 13 : 9781893122178
Total Pages : 540 pages
Book Rating : 4.1/5 (221 download)

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Book Synopsis The Theory and Principles of Tort Law by : Thomas A. Street

Download or read book The Theory and Principles of Tort Law written by Thomas A. Street and published by Beard Books. This book was released on 1999 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Wrongs

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Publisher : Harvard University Press
ISBN 13 : 0674659805
Total Pages : 328 pages
Book Rating : 4.6/5 (746 download)

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Book Synopsis Private Wrongs by : Arthur Ripstein

Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

Tort Law in America

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Publisher : Oxford University Press, USA
ISBN 13 : 9780195139655
Total Pages : 428 pages
Book Rating : 4.1/5 (396 download)

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Book Synopsis Tort Law in America by : G. Edward White

Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press, USA. This book was released on 2003 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.

Corrective Justice

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Publisher : Oxford University Press
ISBN 13 : 0199660646
Total Pages : 365 pages
Book Rating : 4.1/5 (996 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 Oxford University Press. This book was released on 2012-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.

Reconceptualising Strict Liability for the Tort of Another

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509917543
Total Pages : 255 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Reconceptualising Strict Liability for the Tort of Another by : Christine Beuermann

Download or read book Reconceptualising Strict Liability for the Tort of Another written by Christine Beuermann and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.

The Economic Structure of Tort Law

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Publisher : Harvard University Press
ISBN 13 : 9780674230514
Total Pages : 356 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis The Economic Structure of Tort Law by : William M. Landes

Download or read book The Economic Structure of Tort Law written by William M. Landes and published by Harvard University Press. This book was released on 1987 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.

A Revisionist History of Tort Law

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Publisher :
ISBN 13 : 9780890894736
Total Pages : 0 pages
Book Rating : 4.8/5 (947 download)

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Book Synopsis A Revisionist History of Tort Law by : Alan Calnan

Download or read book A Revisionist History of Tort Law written by Alan Calnan and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Revisionist History of Tort Law explodes the myths of modern tort historiography. It challenges both the methodology and the conclusions of Oliver Wendell Holmes, Jr., America's first and most influential tort historian. It contends that Holmes' jurisprudence corrupted his view of history, and that his historiography corrupted the outlook of his successors. Yet Revisionist History offers much more than simple deconstruction. It identifies the principles for historical analysis and uses those principles to propose a revolutionary new history of tort law. As a social science, history requires deep, comprehensive and unbiased investigation. Thus, Revisionist History does not trace the development of any specific tort doctrine. Rather, it uncovers the political, philosophical, social, and moral influences which gave the law its life. Moreover, this book does not simply reinterpret the law's primary sources. Instead, it marshals a vast array of secondary authorities which place those sources in context. Finally, Revisionist History does not set its focus on a single, isolated epoch. Rather, it traces the law's entire intellectual history -- from its earliest beginnings to its emergence in the modern era. Enriched by its broadened scope, A Revisionist History of Tort Law provides revelations about the law's past and opens insights into its present and future. It disproves the notion that early tort law was primitive and thoughtless, locating its origins in the intellectual revival of the twelfth century renaissance. It debunks the view that tort law fluctuated with changing notions of public policy, arguing, conversely, that the law's structure and content remained consistently grounded in classical principles of liberalism, naturalism, and rationalism. Finally, it refutes the theory that tort law switched from strict liability to liability based on fault, revealing instead a system remarkably steadfast in its commitment to the timeless dictates of reasonableness. "This book is highly recommended for all tort scholars, legal philosophers, and legal historians." -- Michael Rustad in The Law and Politics Book Review vol. 15, no. 5, May 2005 "...Intriguing, original..." -- Alberta Law Review

Economic Analysis of Accident Law

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Publisher : Harvard University Press
ISBN 13 : 0674024176
Total Pages : 327 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Economic Analysis of Accident Law by : Steven Shavell

Download or read book Economic Analysis of Accident Law written by Steven Shavell and published by Harvard University Press. This book was released on 2007-03-31 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Since the 1960s, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell’s book is the definitive synthesis of research to date in this new field.

The Tort of Conversion

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317979
Total Pages : 390 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Tort of Conversion by : Sarah Green

Download or read book The Tort of Conversion written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2009-11-09 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated by the difficulties posed for the House of Lords by the Conversion issue in OBG v Allan [2007] UKHL 21, on which it was closely divided. Conversion, as we now recognise it, has a complex pedigree. Showing little regard for received taxonomies, it has elements which make lawyers think in terms of property, despite its eventful descent from actions in personam. Conversion is, therefore, something of a hybrid creature, which perhaps explains the paucity of scholarly analysis of the subject to date, property lawyers and tort lawyers each regarding it as the other's concern. This book is the first comprehensive appraisal of the modern tort of Conversion. It offers a coherent and accessible rationalisation of the subject, supported by rigorous analysis of all aspects, from title to sue to the available remedies. The principal thesis of the work is that the development of Conversion has somewhat stagnated, and in consequence the tort has so far been unable to fulfil either its theoretical or its practical potential as a legal device. Whilst this is partly a result of historical factors, it is also a consequence of the fact that no systematic examination of the tort in England appears ever to have been carried out. The primary objectives of the book, therefore, are to provide such an analysis, to present Conversion as a useful and important tort, well suited to the demands of contemporary law and commerce, and to offer a principled framework for its future development.

Risks and Wrongs

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Author :
Publisher : CUP Archive
ISBN 13 : 9780521428613
Total Pages : 532 pages
Book Rating : 4.4/5 (286 download)

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Book Synopsis Risks and Wrongs by : Jules L. Coleman

Download or read book Risks and Wrongs written by Jules L. Coleman and published by CUP Archive. This book was released on 1992-11-27 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.