Tort Theory

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A Theory of Tort Liability

Author : Allan Beever
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

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:

Recognizing Wrongs

Author : John C. P. Goldberg
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.

Private Wrongs

Author : Arthur Ripstein
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

Philosophical Foundations of the Law of Torts

Author : John Oberdiek
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.

Philosophy and the Law of Torts

Author : Gerald J. Postema
Publisher : Cambridge University Press
ISBN 13 : 9780521041751
Total Pages : 0 pages
Book Rating : 4.0/5 (417 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 2007-09-10 with total page 0 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. 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.

The Theory and Principles of Tort Law

Author : Thomas A. Street
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:

Maimonides and Contemporary Tort Theory

Author : Yuval Sinai
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.

The Measure of Injury

Author : Martha Chamallas
Publisher : NYU Press
ISBN 13 : 0814716768
Total Pages : 240 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Measure of Injury by : Martha Chamallas

Download or read book The Measure of Injury written by Martha Chamallas and published by NYU Press. This book was released on 2010-05-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system.""--BOOK JACKET.

Corrective Justice

Author : Ernest J. Weinrib
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.

The Wrongs of Tort

Author : Joanne Conaghan
Publisher : Pluto Press (UK)
ISBN 13 : 9780745312934
Total Pages : 253 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis The Wrongs of Tort by : Joanne Conaghan

Download or read book The Wrongs of Tort written by Joanne Conaghan and published by Pluto Press (UK). This book was released on 1999 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Coherently brings together many of the arguments that the left has pressed against tort law' Cambridge Law Journal'Its great strength lies in its uncompromising critique of the traditional textbook analyses of tort doctrine as a logical, neutral and inevitable development of peculiarly legal categories' Modern Law ReviewThis new edition of The Wrongs of Tort has been thoroughly updated to take account of the many new developments since its original publication in 1993 - without losing any of the spirit or vigour of the original text. It challenges the assumption in law education that tort is 'objective', 'neutral' and 'apolitical', and reveals how it is imbued with politics. The authors argue that the system of tort is usually hidden from students and lawyers, and that this is unacceptable because the system is arbitrary, and its underlying ideology callous. This controversial book challenges the prevailing orthodoxy, and continues to shed light on the dusty annals of traditional tort doctrine.

The Cambridge Companion to the Philosophy of Law

Author : John Tasioulas
Publisher : Cambridge University Press
ISBN 13 : 1107087961
Total Pages : 435 pages
Book Rating : 4.1/5 (7 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: An accessible, comprehensive, and high quality companion to legal philosophy written by a stellar cast of international contributors.

The Structure of Tort Law

Author : Nils Jansen
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.

Duty and Integrity in Tort Law

Author : Alan Calnan
Publisher :
ISBN 13 : 9781594606694
Total Pages : 0 pages
Book Rating : 4.6/5 (66 download)

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Book Synopsis Duty and Integrity in Tort Law by : Alan Calnan

Download or read book Duty and Integrity in Tort Law written by Alan Calnan and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Duty and Integrity in Tort Law is a comprehensive, versatile and revolutionary examination of the tort concept of duty. After tracing the historical evolution of tort law, Duty and Integrity analyzes the current approaches to tort duties, including the new approach offered by the authoritive Restatement (Third) of Torts. Unlike these approaches, which tend to focus exclusively on negligence duties, Duty and Integrity examines the role of duty in all three of tort law's theories of liability--intentional torts, strict liability and negligence--exposing the similarities and differences of these duties and suggesting grounds for their integration. Aside from its critical commentary, Duty and Integrity contains many important philosophical and pragmatic insights. It reveals the moral and political foundations of tort law and duty by offering accessible explorations of corrective justice, distributive justice, and liberalism. Because liberal justice requires coherence in law, Ronald Dworkin's acclaimed theory of "law as integrity" both frames and instructs the discussion. After explaining, critiquing, and endorsing a modified version of Dworkin's approach, the book presents a groundbreaking methodology called "duty as integrity" for resolving any tort duty question. To demonstrate the practicality of this approach, Duty and Integrity concludes by thoroughly applying the proposed methodology to a recent and controversial decision of an influential state supreme court. Given its broad intellectual scope, Duty and Integrity in Tort Law should appeal to legal and nonlegal academics and their students, as well as members of the legal community at large. Its transparent style makes it suitable both for advanced undergraduate or graduate classes on law, philosophy or polilitical science and for law school courses on torts, advanced torts, tort theory, jurisprudence, law and politics, law and policy, legal history, and many more.

Atiyah's Accidents, Compensation and the Law

Author : Peter Cane
Publisher :
ISBN 13 : 9780511556630
Total Pages : 514 pages
Book Rating : 4.5/5 (566 download)

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Book Synopsis Atiyah's Accidents, Compensation and the Law by : Peter Cane

Download or read book Atiyah's Accidents, Compensation and the Law written by Peter Cane and published by . This book was released on 2006 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.

Torts and Rights

Author : Robert Stevens
Publisher : OUP Oxford
ISBN 13 : 0191021636
Total Pages : 416 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Torts and Rights by : Robert Stevens

Download or read book Torts and Rights written by Robert Stevens and published by OUP Oxford. This book was released on 2007-09-06 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.

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.