Torts, Egalitarianism and Distributive Justice

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Publisher : Routledge
ISBN 13 : 1351144502
Total Pages : 282 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Torts, Egalitarianism and Distributive Justice by : Tsachi Keren-Paz

Download or read book Torts, Egalitarianism and Distributive Justice written by Tsachi Keren-Paz and published by Routledge. This book was released on 2018-12-20 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.

Equality, Responsibility, and the Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521003070
Total Pages : 324 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Equality, Responsibility, and the Law by : Arthur Ripstein

Download or read book Equality, Responsibility, and the Law written by Arthur Ripstein and published by Cambridge University Press. This book was released on 2001-03-12 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.

Torts and Other Wrongs

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Publisher : Oxford University Press
ISBN 13 : 0192596144
Total Pages : 350 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Torts and Other Wrongs by : John Gardner

Download or read book Torts and Other Wrongs written by John Gardner and published by Oxford University Press. This book was released on 2019-12-18 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tort adjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

Justice and Egalitarianism

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Author :
Publisher : Garland Publishing
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Justice and Egalitarianism by : Michael Quinn

Download or read book Justice and Egalitarianism written by Michael Quinn and published by Garland Publishing. This book was released on 1991 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice and Tort Law

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Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Justice and Tort Law by : Alan Calnan

Download or read book Justice and Tort Law written by Alan Calnan and published by . This book was released on 1997 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by the contemporary debate over tort reform, Justice and Tort Law examines the moral structure and content of tort law to determine whether this movement is good or bad, and to offer insights into the law's uncertain future. Calnan's book presents a liberal account of tort law that is both positive and normative and provides a comprehensive theory and analysis of the justice of tort law. This approach looks beyond the notion of corrective justice and examines concepts of distributive and retributive justice and reciprocity. In presenting his ideas, Calnan explains the distributive nature of all laws, and tort law in particular. This book will especially be of interest to scholars and attorneys interested in tort law reform, but also to professors and practitioners interested in liability law, corrective justice, criminal law, and torts.

What's Fair?

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Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis What's Fair? by : Jennifer L. Hochschild

Download or read book What's Fair? written by Jennifer L. Hochschild and published by . This book was released on 1981 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The search for equality has been an enduring one in the United States. Yet there has been little significant change in the distribution of wealth over the generations, while the political ideology of socialism has been rejected outright by most people. In a sensitive rendering of data, Jennifer Hochschild discovers that it is the nonrich themselves who do not support the downward redistribution of wealth. Using a long questionnaire and in-depth interviews, she examines the ideals and contemporary practices of Americans on the subject of distributive justice. She finds that both rich and poor Americans perceive three realms in their lives: the private, the political, and the economic. People tend to support equality in two of the realms: the private, where fundamental socialization takes place in the family, school, and neighborhood, and the political, where issues arise about taxes, private property, rights, political representation, social welfare policies, and visions of utopia. But in the economic realm of the workplace, class structure, and opportunity, Americans favor maintaining material differences among people. Hochschild shows how divergence between ideals and practices, and especially between Americans' views of political and economic justice, produces ambivalence. Issues involving redistribution of wealth force people to think about whether they prefer political equalization or economic differentiation. Uncertain, Americans sometimes support equality, sometimes inequality, sometimes are torn between these two beliefs. As a result, they are often tense, helpless, or angry. It is not often that Americans are allowed to talk so candidly and within rigorous social science sampling about their lives. Hochschild gives us a new combination of oral history and political theory that political scientists, philosophers, sociologists, and policymakers can read with profit and pleasure.

Corrective Justice

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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.

In Defense of Tort Law

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Publisher : NYU Press
ISBN 13 : 0814747582
Total Pages : 363 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis In Defense of Tort Law by : Thomas Koenig

Download or read book In Defense of Tort Law written by Thomas Koenig and published by NYU Press. This book was released on 2003-10 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law is a good thing (whatever it is....).

Philosophical Foundations of the Law of Torts

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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.

Facing Up to Scarcity

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Publisher : Oxford University Press
ISBN 13 : 0192587099
Total Pages : 286 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Facing Up to Scarcity by : Barbara H. Fried

Download or read book Facing Up to Scarcity written by Barbara H. Fried and published by Oxford University Press. This book was released on 2020-02-27 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facing Up to Scarcity offers a powerful critique of the nonconsequentialist approaches that have been dominant in Anglophone moral and political thought over the last fifty years. In these essays Barbara H. Fried examines the leading schools of contemporary nonconsequentialist thought, including Rawlsianism, Kantianism, libertarianism, and social contractarianism. In the realm of moral philosophy, she argues that nonconsequentialist theories grounded in the sanctity of "individual reasons" cannot solve the most important problems taken to be within their domain. Those problems, which arise from irreducible conflicts among legitimate (and often identical) individual interests, can be resolved only through large-scale interpersonal trade-offs of the sort that nonconsequentialism foundationally rejects. In addition to scrutinizing the internal logic of nonconsequentialist thought, Fried considers the disastrous social consequences when nonconsequentialist intuitions are allowed to drive public policy. In the realm of political philosophy, she looks at the treatment of distributive justice in leading nonconsequentialist theories. Here one can design distributive schemes roughly along the lines of the outcomes favoured—but those outcomes are not logically entailed by the normative premises from which they are ostensibly derived, and some are extraordinarily strained interpretations of those premises. Fried concludes, as a result, that contemporary nonconsequentialist political philosophy has to date relied on weak justifications for some very strong conclusions.

Sovereign Virtue

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Publisher : Harvard University Press
ISBN 13 : 9780674008106
Total Pages : 532 pages
Book Rating : 4.0/5 (81 download)

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Book Synopsis Sovereign Virtue by : Ronald Dworkin

Download or read book Sovereign Virtue written by Ronald Dworkin and published by Harvard University Press. This book was released on 2000 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In his new book Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation's wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles--first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life--to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.

Liberalism and Distributive Justice

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Publisher : Oxford University Press
ISBN 13 : 0190699280
Total Pages : 256 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Liberalism and Distributive Justice by : Samuel Freeman

Download or read book Liberalism and Distributive Justice written by Samuel Freeman and published by Oxford University Press. This book was released on 2018-07-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Samuel Freeman is a leading political philosopher and one of the foremost authorities on the works of John Rawls. Liberalism and Distributive Justice offers a series of Freeman's essays in contemporary political philosophy on three different forms of liberalism-classical liberalism, libertarianism, and the high liberal tradition--and their relation to capitalism, the welfare state, and economic justice.

Justice and Its Surroundings

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Publisher : Amagi Books
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Justice and Its Surroundings by : Anthony De Jasay

Download or read book Justice and Its Surroundings written by Anthony De Jasay and published by Amagi Books. This book was released on 2002 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Libertarian (in the right-wing sense) political philosopher de Jasay presents 17 essays on his conception of justice and issues that he sees as surrounding the concept of justice: the state, the redistribution of income and wealth, the benefits and burdens between those who make collective choices and those who submit to them, the shaping of economic and social institutions so as to make them fit a unified ideology, and the problem of individual liberty. Annotation copyrighted by Book News, Inc., Portland, OR

The Marrow of Tradition

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Publisher : Xist Publishing
ISBN 13 : 1681951517
Total Pages : 264 pages
Book Rating : 4.6/5 (819 download)

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Book Synopsis The Marrow of Tradition by : Charles W. Chesnutt

Download or read book The Marrow of Tradition written by Charles W. Chesnutt and published by Xist Publishing. This book was released on 2015-07-30 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post Civil War Facts Are Entwined With Fiction “Looking at these two men with the American eye, the differences would perhaps be the more striking, or at least the more immediately apparent, for the first was white and the second black, or, more correctly speaking, brown...but both his swarthy complexion and his curly hair revealed what has been described in the laws of some of our states as a “visible admixture” of African blood.” - Charles W. Chesnutt, The Marrow of Tradition In The Marrow of Tradition, Charles W. Chesnutt takes a page from the post- Civil War American history book and tries to bring it back to life so that the reader can truly understand the roots of race segregation. Set in the fictional southern town of Wellington, the action is based upon the real 1898 Wilmington insurrection that shook the American society to the ground. The novel takes the reader to uncharted territories where the emerging white aristocracy is trying to get rid of the ‘blacks’. This Xist Classics edition has been professionally formatted for e-readers with a linked table of contents. This eBook also contains a bonus book club leadership guide and discussion questions. We hope you’ll share this book with your friends, neighbors and colleagues and can’t wait to hear what you have to say about it. Xist Publishing is a digital-first publisher. Xist Publishing creates books for the touchscreen generation and is dedicated to helping everyone develop a lifetime love of reading, no matter what form it takes

Against Liberalism

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Publisher : Cornell University Press
ISBN 13 : 1501721879
Total Pages : 258 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Against Liberalism by : John Kekes

Download or read book Against Liberalism written by John Kekes and published by Cornell University Press. This book was released on 2018-10-18 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberalism is doomed to failure, John Kekes argues in this penetrating criticism of its basic assumptions. Liberals favor individual autonomy, a wide plurality of choices, and equal rights and resources, seeing them as essential for good lives. They oppose such evils as selfishness, intolerance, cruelty, and greed. Yet the more autonomy, equality, and pluralism there is, Kekes contends, the greater is the scope for evil. According to Kekes, liberalism is inconsistent because the conditions liberals regard as essential for good lives actually foster the very evils liberals want to avoid, and avoiding those evils depends on conditions contrary to the ones liberals favor. Kekes argues further that the liberal conceptions of equality, justice, and pluralism require treating good and evil people with equal respect, distributing resources without regard to what recipients deserve, and restricting choices to those that conform to liberal preconceptions. All these policies are detrimental to good lives. Kekes concludes that liberalism cannot cope with the prevalence of evil, that it is vitiated by inconsistent commitments, and that—contrary to its aim—liberalism is an obstacle to good lives.

Corrective and Distributive Justice

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Publisher : Oxford University Press
ISBN 13 : 0199748438
Total Pages : 256 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Corrective and Distributive Justice by : Izhak Englard

Download or read book Corrective and Distributive Justice written by Izhak Englard and published by Oxford University Press. This book was released on 2009-02-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.

Australian journal of legal philosophy

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Author :
Publisher :
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Australian journal of legal philosophy by :

Download or read book Australian journal of legal philosophy written by and published by . This book was released on 2006 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: