The Insurance Deterrence Dilemma Of Modern Tort Law

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Philosophical Foundations of Tort Law

Author : David G. Owen
Publisher :
ISBN 13 : 019825847X
Total Pages : 528 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis Philosophical Foundations of Tort Law by : David G. Owen

Download or read book Philosophical Foundations of Tort Law written by David G. Owen and published by . This book was released on 1995 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 fromAristotle, 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.

Handbook of Insurance

Author : Georges Dionne
Publisher : Springer Science & Business Media
ISBN 13 : 9401006423
Total Pages : 980 pages
Book Rating : 4.4/5 (1 download)

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Book Synopsis Handbook of Insurance by : Georges Dionne

Download or read book Handbook of Insurance written by Georges Dionne and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1970's, the research agenda in insurance was dominated by optimal insurance coverage, security design, and equilibrium under conditions of imperfect information. The 1980's saw a growth of theoretical developments including non-expected utility, price volatility, retention capacity, the pricing and design of insurance contracts in the presence of multiple risks, and the liability insurance crisis. The empirical study of information problems, financial derivatives, and large losses due to catastrophic events dominated the research agenda in the 1990's. The Handbook of Insurance provides a single reference source on insurance for professors, researchers, graduate students, regulators, consultants, and practitioners, that reviews the research developments in insurance and its related fields that have occurred over the last thirty years. The book starts with the history and foundations of insurance theory and moves on to review asymmetric information, risk management and insurance pricing, and the industrial organization of insurance markets. The book ends with life insurance, pensions, and economic security. Each chapter has been written by a leading authority in insurance, all contributions have been peer reviewed, and each chapter can be read independently of the others.

Exploring the Domain of Accident Law

Author : Don DeWees
Publisher : Oxford University Press
ISBN 13 : 0195358554
Total Pages : 465 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Exploring the Domain of Accident Law by : Don DeWees

Download or read book Exploring the Domain of Accident Law written by Don DeWees and published by Oxford University Press. This book was released on 1996-01-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.

Insurance and the Law of Obligations

Author : Rob Merkin
Publisher : OUP Oxford
ISBN 13 : 019150792X
Total Pages : 2353 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Insurance and the Law of Obligations by : Rob Merkin

Download or read book Insurance and the Law of Obligations written by Rob Merkin and published by OUP Oxford. This book was released on 2013-08-29 with total page 2353 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.

Understanding Regulation

Author : Robert Baldwin
Publisher : Oxford University Press on Demand
ISBN 13 : 0199576084
Total Pages : 563 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Understanding Regulation by : Robert Baldwin

Download or read book Understanding Regulation written by Robert Baldwin and published by Oxford University Press on Demand. This book was released on 2012 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the practical and theoretical issues that are central to the study of regulation, which a particular focus on contested areas and how they are dealt with.

Tort Law

Author : Ernest J. Weinrib
Publisher : Routledge
ISBN 13 : 1351760769
Total Pages : 919 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Tort Law by : Ernest J. Weinrib

Download or read book Tort Law written by Ernest J. Weinrib and published by Routledge. This book was released on 2018-04-27 with total page 919 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002. The first series of The International Library of Essays in Law and Legal Theory has established itself as a major research resource. The rapid growth of theoretically interesting scholarly work in law has increased a demand for a Second Series which includes significant recent work and also gives an opportunity to include additional areas of law. The new series follows the successful pattern established in the first of reproducing entire essays with the original page numbers as an aid to comprehensive research and accurate referencing. Volume editors have selected not only the most influential essays but those which they consider will be of greatest continuing importance. Each volume has an introduction which explains the context and the significance of the essays chosen.

Tort Law and Economics

Author : Michael Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 1848447302
Total Pages : 565 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Tort Law and Economics by : Michael Faure

Download or read book Tort Law and Economics written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.

Economic Analysis of Accident Law

Author : Steven Shavell
Publisher : Harvard University Press
ISBN 13 : 9780674043510
Total Pages : 324 pages
Book Rating : 4.0/5 (435 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 2009-06-30 with total page 324 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. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960s, however, 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.

An Update on the Liability Crisis

Author : United States. Tort Policy Working Group
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis An Update on the Liability Crisis by : United States. Tort Policy Working Group

Download or read book An Update on the Liability Crisis written by United States. Tort Policy Working Group and published by . This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophy and the Law of Torts

Author : Gerald J. Postema
Publisher : Cambridge University Press
ISBN 13 : 1139441272
Total Pages : 350 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Philosophy and the Law of Torts by : Gerald J. Postema

Download or read book Philosophy and the Law of Torts written by Gerald J. Postema and published by Cambridge University Press. This book was released on 2001-11-19 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An Update on the Liability Crisis

Author : United States. Attorney General's Tort Policy Working Group
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis An Update on the Liability Crisis by : United States. Attorney General's Tort Policy Working Group

Download or read book An Update on the Liability Crisis written by United States. Attorney General's Tort Policy Working Group and published by . This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Free to Judge

Author : Michael Kang
Publisher : Stanford University Press
ISBN 13 : 1503636208
Total Pages : 257 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Free to Judge by : Michael Kang

Download or read book Free to Judge written by Michael Kang and published by Stanford University Press. This book was released on 2023-08-22 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system.

Policy Issues in Insurance Insurance and Expanding Systemic Risks

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264102914
Total Pages : 259 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis Policy Issues in Insurance Insurance and Expanding Systemic Risks by : OECD

Download or read book Policy Issues in Insurance Insurance and Expanding Systemic Risks written by OECD and published by OECD Publishing. This book was released on 2003-07-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains an in-depth analysis of the assessment, management and compensation of the so-called "expanding systemic risks", to which market players and insurers are exposed.

Tort Theory

Author : Kenneth D. Cooper-Stephenson
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:

Accidental Justice

Author : Peter A. Bell
Publisher : Yale University Press
ISBN 13 : 9780300078572
Total Pages : 286 pages
Book Rating : 4.0/5 (785 download)

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Book Synopsis Accidental Justice by : Peter A. Bell

Download or read book Accidental Justice written by Peter A. Bell and published by Yale University Press. This book was released on 1997-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this even-handed and fascinating book, two leading tort experts explain to lay readers the strengths and weaknesses of our tort law system. They discuss tort law's compensatory and deterrent functions; its delays, fortuity, and high transaction costs (mostly in lawyer's fees); and its role in discouraging harmful - as well as, on occasion, useful - activities. Bell and O'Connell conclude with an objective review of such current reform enactments and proposals as no-fault insurance, caps on damages, and contingency fee reform.

Governing Risks

Author : Pat O'Malley
Publisher : Routledge
ISBN 13 : 1351932411
Total Pages : 615 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Governing Risks by : Pat O'Malley

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.

Insuring Medical Malpractice

Author : Frank A. Sloan
Publisher : Oxford University Press
ISBN 13 : 0195361512
Total Pages : 264 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Insuring Medical Malpractice by : Frank A. Sloan

Download or read book Insuring Medical Malpractice written by Frank A. Sloan and published by Oxford University Press. This book was released on 1991-09-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cost of malpractice insurance to physicians has been increasing in recent years, as has the threat to physicians of being sued. This book describes and analyzes the workings of the market for physicians' liability insurance. The authors use their own data and other sources to study questions such as: Is the market for medical malpractice insurance competitive? Has the profitability of medical malpractice insurance been excessive? Why do malpractice insurers demand reinsurance? What effect has insurance regulation had on premiums? And it explores what experience rating is and how it is done.