Three Essays On Contracts And Social Harm

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Three Essays on Torts

Author : Jane Stapleton
Publisher : Oxford University Press
ISBN 13 : 0192645838
Total Pages : 129 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Three Essays on Torts by : Jane Stapleton

Download or read book Three Essays on Torts written by Jane Stapleton and published by Oxford University Press. This book was released on 2021-01-21 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of essays champions tort scholarship that puts judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the 'living' and 'evolving' common law. This is 'reflexive tort scholarship'. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic search for 'grand theories' that descriptively assert that tort law is fundamentally 'all about one thing', a unifying idea that alone explains and justifies the whole of tort law. This book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates key features of tort law. The first essay contrasts the reflexive approach with the Grand Theory approach, while the second essay identifies a principle of tort law (the 'cooperative principle'), that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law - that based on the famous case of Hedley Byrne v Heller. The final essay deploys the reflexive method to argue that the iconic 'but-for' test of factual causation is inadequate and narrower than the concept actually utilized in the cases. Application of the method also prompts a reassessment of the 'scope of duty' concept and of the appropriate characterisation of the much-discussed decision in SAAMCO. These essays, based on the 2018 Clarendon Law Lectures given at Oxford University, clearly demonstrate the value of scholarship that 'takes the judges seriously'.

An Essay on Crimes and Punishments

Author : Cesare Beccaria
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584776382
Total Pages : 274 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis An Essay on Crimes and Punishments by : Cesare Beccaria

Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.

Discourse on the Sciences and Arts

Author : Jean-Jacques Rousseau
Publisher : Dartmouth College Press
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Discourse on the Sciences and Arts by : Jean-Jacques Rousseau

Download or read book Discourse on the Sciences and Arts written by Jean-Jacques Rousseau and published by Dartmouth College Press. This book was released on 1992 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rousseau attacks the social and political effects of the dominant forms of scientific knowledge. Contains the entire First Discourse, contemporary attacks on it, Rousseau's replies to his critics, and his summary of the debate in his preface to Narcissus. A number of these texts have never before been available in English. The First Discourse and Polemics demonstrate the continued relevance of Rousseau's thought. Whereas his critics argue for correction of the excesses and corruptions of knowledge and the sciences as sufficient, Rousseau attacks the social and political effects of the dominant forms of scientific knowledge.

Three Essays on Torts

Author : Jane Stapleton
Publisher : Oxford University Press, USA
ISBN 13 : 0192893734
Total Pages : 129 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Three Essays on Torts by : Jane Stapleton

Download or read book Three Essays on Torts written by Jane Stapleton and published by Oxford University Press, USA. This book was released on 2021-01-21 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays illustrate the advantages of 'reflexive' tort scholarship by contrasting the reflexive scholarship of judicial analysis with grand theory, then applying reflexive scholarship to the tort of negligence. The final essay presents a wider argument about human responsibility and legal conduct.

American Doctoral Dissertations

Author :
Publisher :
ISBN 13 :
Total Pages : 806 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis American Doctoral Dissertations by :

Download or read book American Doctoral Dissertations written by and published by . This book was released on 1997 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt:

What We Owe Each Other

Author : Minouche Shafik
Publisher : Princeton University Press
ISBN 13 : 069120764X
Total Pages : 256 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis What We Owe Each Other by : Minouche Shafik

Download or read book What We Owe Each Other written by Minouche Shafik and published by Princeton University Press. This book was released on 2022-08-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.

Dissertation Abstracts International

Author :
Publisher :
ISBN 13 :
Total Pages : 672 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Dissertation Abstracts International by :

Download or read book Dissertation Abstracts International written by and published by . This book was released on 2007 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Three Essays and Three Revolutions

Author : Francis Goskowski
Publisher : Strategic Book Publishing
ISBN 13 : 1622123182
Total Pages : 175 pages
Book Rating : 4.6/5 (221 download)

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Book Synopsis Three Essays and Three Revolutions by : Francis Goskowski

Download or read book Three Essays and Three Revolutions written by Francis Goskowski and published by Strategic Book Publishing. This book was released on 2012-06-07 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you have ever wondered why American Catholics and American Protestants in the mainline denominations in 2011 believe and worship in very similar ways; why Democrats and Republicans accept the necessity of governmental intervention to secure the "safety net" of services citizens may need to access at various times in their lives; and why average American workers in their pivotal role as producers and consumers of goods and services "own" the nation's economy; Three Essays and Three Revolutions is the book for you.Author Francis Goskowski argues that Martin Luther, Jean-Jacques Rousseau, and Karl Marx, three "Founding Fathers" of the modern world, are responsible for the "big ideas" that have shaped current thinking in religion, politics, and economics. By closely examining one important work of each thinker, the author shows how the revolutionary concepts Luther, Rousseau, and Marx advanced, provoked fierce opposition within the prevailing order, but ultimately gained acceptance in all circles, evidenced by the fundamental agreement on religious liberty, civic equality, and economic justice apparent throughout the Western world today.This eloquently written, thought-provoking, and sensibly priced collection of essays...is timely and long overdue. Three Essays and Three Revolutions is the sort of wonderful book of which any aspiring writer might wish to claim authorship. I am sure that it will be wisely read, thoughtfully debated, and much treasured in the years ahead. - John Quentin Feller, Ph.D., K.H.S., former professor of history and historical consultant to the late Cardinal Lawrence J. Shehan and retired Cardinal William H. Keeler, 12th and 14th Archbishops of Baltimore respectively.

Torture and Dignity

Author : J. M. Bernstein
Publisher : University of Chicago Press
ISBN 13 : 022626632X
Total Pages : 391 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Torture and Dignity by : J. M. Bernstein

Download or read book Torture and Dignity written by J. M. Bernstein and published by University of Chicago Press. This book was released on 2015-09-14 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torture and rape are only rarely considered by moral philosophers—because they are so indisputably morally atrocious acts and because their specific mode of suffering cannot be accounted for by reigning moral theories. By making them pivotal to the understanding of morality in general, however, Jay Bernstein’s intention is to throw into question the dominant schools of modern moral philosophy and to attempt to restructure moral experience and understanding on the basis of the formations of suffering they make salient. Morals, Bernstein argues, emerge from the experience of moral injury, from the sufferings of the victims of moral harm. For us moderns, morality at its most urgent and insistent is, finally, a victim morality. This can sound hyperbolic; but since all of us are potential victims, it turns out that this perspective is readily available and intrinsic to ordinary ethical experience. One of Bernstein’s pivotal arguments is that trust is a form of mutual recognition; that trust is the ethical substance of everyday life; and that understood aright trust is structured from the perspective of a potential victim of harm rather than from the perspective of a deliberating agent. This book promises to be a major contribution to moral philosophy.

SOCIAL CONTRACT.

Author : JEAN-JACQUES. ROUSSEAU
Publisher :
ISBN 13 : 9781398840331
Total Pages : 0 pages
Book Rating : 4.8/5 (43 download)

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Book Synopsis SOCIAL CONTRACT. by : JEAN-JACQUES. ROUSSEAU

Download or read book SOCIAL CONTRACT. written by JEAN-JACQUES. ROUSSEAU and published by . This book was released on 2025 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Three Essays, on the subjects proposed by the Cambrian Society in Dyfed, which gained the respective prizes, at the Eisteddfod, held at Caermarthen, in September, 1823

Download Three Essays, on the subjects proposed by the Cambrian Society in Dyfed, which gained the respective prizes, at the Eisteddfod, held at Caermarthen, in September, 1823 PDF Online Free

Author : Eisteddfod (CARMARTHEN)
Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.0/5 (17 download)

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Book Synopsis Three Essays, on the subjects proposed by the Cambrian Society in Dyfed, which gained the respective prizes, at the Eisteddfod, held at Caermarthen, in September, 1823 by : Eisteddfod (CARMARTHEN)

Download or read book Three Essays, on the subjects proposed by the Cambrian Society in Dyfed, which gained the respective prizes, at the Eisteddfod, held at Caermarthen, in September, 1823 written by Eisteddfod (CARMARTHEN) and published by . This book was released on 1825 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

THE MAN VERSUS THE STATE

Author : Herbert Spencer
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4./5 ( download)

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Book Synopsis THE MAN VERSUS THE STATE by : Herbert Spencer

Download or read book THE MAN VERSUS THE STATE written by Herbert Spencer and published by . This book was released on 1916 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Theory of Justice

Author : John RAWLS
Publisher : Harvard University Press
ISBN 13 : 0674042603
Total Pages : 624 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis A Theory of Justice by : John RAWLS

Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Towards a Natural Social Contract

Author : Patrick Huntjens
Publisher : Springer Nature
ISBN 13 : 3030671305
Total Pages : 212 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Towards a Natural Social Contract by : Patrick Huntjens

Download or read book Towards a Natural Social Contract written by Patrick Huntjens and published by Springer Nature. This book was released on 2021-03-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is a 2022 Nautilus Gold Medal winner in the category "World Cultures' Transformational Growth & Development". It states that the societal fault lines of our times are deeply intertwined and that they confront us with challenges affecting the security, fairness and sustainability of our societies. The author, Prof. Dr. Patrick Huntjens, argues that overcoming these existential challenges will require a fundamental shift from our current anthropocentric and economic growth-oriented approach to a more ecocentric and regenerative approach. He advocates for a Natural Social Contract that emphasizes long-term sustainability and the general welfare of both humankind and planet Earth. Achieving this crucial balance calls for an end to unlimited economic growth, overconsumption and over-individualisation for the benefit of ourselves, our planet, and future generations. To this end, sustainability, health, and justice in all social-ecological systems will require systemic innovation and prioritizing a collective effort. The Transformative Social-Ecological Innovation (TSEI) framework presented in this book serves that cause. It helps to diagnose and advance innovation and spur change across sectors, disciplines, and at different levels of governance. Altogether, TSEI identifies intervention points and formulates jointly developed and shared solutions to inform policymakers, administrators, concerned citizens, and professionals dedicated towards a more sustainable, healthy and just society. A wide readership of students, researchers, practitioners and policy makers interested in social innovation, transition studies, development studies, social policy, social justice, climate change, environmental studies, political science and economics will find this cutting-edge book particularly useful. “As a sustainability transition researcher, I am truly excited about this book. Two unique aspects of the book are that it considers bigger transformation issues (such as societies’ relationship with nature, purpose and justice) than those studied in transition studies and offers analytical frameworks and methods for taking up the challenge of achieving change on the ground.” - Prof. Dr. René Kemp, United Nations University and Maastricht Sustainability Institute

The Legal Essays of Michael Bayles

Author : W.L. Robison
Publisher : Springer Science & Business Media
ISBN 13 : 9789041118356
Total Pages : 300 pages
Book Rating : 4.1/5 (183 download)

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Book Synopsis The Legal Essays of Michael Bayles by : W.L. Robison

Download or read book The Legal Essays of Michael Bayles written by W.L. Robison and published by Springer Science & Business Media. This book was released on 2002-06-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal essays by Michael Bayles in this collection display his commitment to utilitarianism both as a moral theory and an analytical device. A utilitarian must choose between the best of all possible alternatives and so must lay out the alternatives and thus their consequences carefully and completely. As it happens, there is no better way of understanding why something is as it is in the law, and no better way to lay the foundations for criticism and improvement, than to lay out what the alternatives are, carefully distinguishing them, their justifications, and their implications for changing other areas of the law and for changing our relation to the law. Bayles was a master at such work, and each essay thus repays careful study for anyone concerned about the law. The essays cover a wide variety of topics, from contract law to the criminal law, from torts to theory, and form a natural set. Laying out the alternatives in one area makes it much clearer how and why alternatives in other areas are acceptable or required. Interconnections within the legal system as a whole not readily visible when studying one area of the law become obvious when several are laid out side-by-side using the analytical skill required by a good utilitarian.

Social Contract, Free Ride

Author : Anthony De Jasay
Publisher : Collected Papers of Anthony de
ISBN 13 : 9780865977013
Total Pages : 0 pages
Book Rating : 4.9/5 (77 download)

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Book Synopsis Social Contract, Free Ride by : Anthony De Jasay

Download or read book Social Contract, Free Ride written by Anthony De Jasay and published by Collected Papers of Anthony de. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel account of the public goods dilemma. The author shows how the social contract, in its quest for fairness, actually helps to breed the parasitic 'free riding' it is meant to suppress. He also shows how, in the absence of taxation, many public goods would be provided by spontaneous group co-operation. This would, however, imply some degree of free riding. Unwilling to tolerate such unfairness, co-operating groups would eventually drift from voluntary to compulsory solutions, heedless of the fact that this must bring back free riding with a vengeance. The author argues that the perverse incentives created by the attempt to render public provision assured and fair are a principal cause of the poor functioning of organised society.