Wrongs Harms And Compensation

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Wrongs, Harms, and Compensation

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Author : Adam Slavny
Publisher : Oxford University Press
ISBN 13 : 0192864564
Total Pages : 241 pages
Book Rating : 4.1/5 (928 download)

Book Synopsis Wrongs, Harms, and Compensation by : Adam Slavny

Download or read book Wrongs, Harms, and Compensation written by Adam Slavny and published by Oxford University Press. This book was released on 2023-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.

Wrongs, Harms, and Compensation

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Author : Adam Slavny
Publisher :
ISBN 13 : 9780191955051
Total Pages : 0 pages
Book Rating : 4.9/5 (55 download)

Book Synopsis Wrongs, Harms, and Compensation by : Adam Slavny

Download or read book Wrongs, Harms, and Compensation written by Adam Slavny and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Adam Slavny explores our moral duties to respond to wrongs and harms, and defends the significance of these duties for the normative foundations of tort law.

Bloody Bioethics

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Author : James Stacey Taylor
Publisher : Routledge
ISBN 13 : 1000553868
Total Pages : 170 pages
Book Rating : 4.0/5 (5 download)

Book Synopsis Bloody Bioethics by : James Stacey Taylor

Download or read book Bloody Bioethics written by James Stacey Taylor and published by Routledge. This book was released on 2022-03-10 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to argue in favor of paying people for their blood plasma. It does not merely argue that offering compensation to plasma donors is morally permissible. It argues that prohibiting donor compensation is morally wrong—and that it is morally wrong for all of the reasons that are offered against allowing donor compensation. Opponents of donor compensation claim that it will reduce the amount and quality of plasma obtained, exploit and coerce donors, and undermine social cohesion. James Stacey Taylor argues that empirical evidence demonstrates that compensating plasma donors greatly increases the amount of plasma obtained with no adverse effects on the quality of the pharmaceutical products that are manufactured from it. Prohibiting compensation thus harms patients by reducing their access to the medicines they need. He also argues that it is the prohibition of compensation—not its offer—that exploits donors, fails to respect the moral need to secure a person’s authoritative consent to her treatment, and prevents donors from giving their informed consent to donate. Prohibiting compensation thus not only harms patients but also wrongs donors. Bloody Bioethics will appeal to researchers, advanced students, and medical professionals interested in bioethics, moral philosophy, and the moral limits of markets.

Nozick, Autonomy and Compensation

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Author : Dale F. Murray
Publisher : Continuum
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.3/5 (91 download)

Book Synopsis Nozick, Autonomy and Compensation by : Dale F. Murray

Download or read book Nozick, Autonomy and Compensation written by Dale F. Murray and published by Continuum. This book was released on 2007-08-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Murray examines Nozick's critique of the welfare state, argues the case for compensation and then offers a novel reconstruction of Nozick's libertarianism in the light of this analysis as a possible approach for more positive rights

Rights, Wrongs, and Injustices

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Author : Stephen Alexander Smith
Publisher :
ISBN 13 : 0199229775
Total Pages : 369 pages
Book Rating : 4.1/5 (992 download)

Book Synopsis Rights, Wrongs, and Injustices by : Stephen Alexander Smith

Download or read book Rights, Wrongs, and Injustices written by Stephen Alexander Smith and published by . This book was released on 2019 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential guide to remedial law explores the distinctive legal questions raised by the use of remedies in settlements. The book outlines the general structure of remedial law and its relationship to other areas of private law.

Historical Redress

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Author : Richard Vernon
Publisher : A&C Black
ISBN 13 : 1441121315
Total Pages : 186 pages
Book Rating : 4.4/5 (411 download)

Book Synopsis Historical Redress by : Richard Vernon

Download or read book Historical Redress written by Richard Vernon and published by A&C Black. This book was released on 2012-07-12 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.

Recognizing Wrongs

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Author : John C. P. Goldberg
Publisher : Harvard University Press
ISBN 13 : 0674246527
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)

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.

Oxford Studies in Private Law Theory: Volume I

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Author : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller
Publisher : Oxford University Press, USA
ISBN 13 : 0198851359
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

Book Synopsis Oxford Studies in Private Law Theory: Volume I by : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller

Download or read book Oxford Studies in Private Law Theory: Volume I written by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller and published by Oxford University Press, USA. This book was released on 2021-01-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

Private Wrongs

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

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

Making Amends

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Author : Linda Radzik
Publisher : Oxford University Press
ISBN 13 : 0199767254
Total Pages : 255 pages
Book Rating : 4.1/5 (997 download)

Book Synopsis Making Amends by : Linda Radzik

Download or read book Making Amends written by Linda Radzik and published by Oxford University Press. This book was released on 2011-04-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that wrongdoing can only be resolved through punishment or forgiveness. But this book explores the responses that wrongdoers can and should make to their own misdeeds, responses such as apology, repentance, reparations, and self-punishment. It examines the possibility of atonement in a broad spectrum of contexts -- from cases of relatively minor wrongs in personal relationships, to crimes, to the historical injustices of our political and religious communities. It argues that wrongdoers often have the ability to earn redemption within the moral community, that respect and trust among victims, communities and wrongdoers can be rebuilt, and that the moral responsibility of wrongdoing groups can be addressed without treating their members unfairly.

Oxford Studies in Political Philosophy Volume 10

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Author : DAVID. WALL SOBEL (STEVEN.)
Publisher : Oxford University Press
ISBN 13 : 0198909462
Total Pages : 223 pages
Book Rating : 4.1/5 (989 download)

Book Synopsis Oxford Studies in Political Philosophy Volume 10 by : DAVID. WALL SOBEL (STEVEN.)

Download or read book Oxford Studies in Political Philosophy Volume 10 written by DAVID. WALL SOBEL (STEVEN.) and published by Oxford University Press. This book was released on 2024-07-18 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the tenth volume of Oxford Studies in Political Philosophy. The series aims to publish some of the best contemporary work in the vibrant field of political philosophy and its closely related subfields, including jurisprudence, normative economics, political theory in political science departments, and just war theory.

Oxford Studies in Political Philosophy Volume 10

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Author : David Sobel
Publisher : Oxford University Press
ISBN 13 : 0198909489
Total Pages : 223 pages
Book Rating : 4.1/5 (989 download)

Book Synopsis Oxford Studies in Political Philosophy Volume 10 by : David Sobel

Download or read book Oxford Studies in Political Philosophy Volume 10 written by David Sobel and published by Oxford University Press. This book was released on 2024-04-18 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the tenth volume of Oxford Studies in Political Philosophy. Since its revival in the 1970s, political philosophy has been a vibrant field in philosophy, one that intersects with jurisprudence, normative economics, political theory in political science departments, and just war theory. OSPP aims to publish some of the best contemporary work in political philosophy and these closely related subfields.

Unravelling Tort and Crime

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Author : Matthew Dyson
Publisher : Cambridge University Press
ISBN 13 : 1139993356
Total Pages : 465 pages
Book Rating : 4.1/5 (399 download)

Book Synopsis Unravelling Tort and Crime by : Matthew Dyson

Download or read book Unravelling Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2014-07-17 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.

What's Wrong with Lookism?

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Author : Andrew Mason
Publisher : Oxford University Press
ISBN 13 : 019285979X
Total Pages : 251 pages
Book Rating : 4.1/5 (928 download)

Book Synopsis What's Wrong with Lookism? by : Andrew Mason

Download or read book What's Wrong with Lookism? written by Andrew Mason and published by Oxford University Press. This book was released on 2023-07-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: People are treated differently as a result of their looks. But when is appearance discrimination, or "lookism" as it is often called, morally objectionable? This issue is important for at least two reasons. First, the benefits that flow to people who are regarded as visually attractive are sizeable and are enjoyed in a number of contexts, including employment, personal relationships, education, politics, and the criminal justice system. Second, appearance discrimination is of moral interest not only in its own right, but also in terms of its connection to other forms of discrimination. Appearance norms, that is, norms concerning how we should look, often place greater burdens on disadvantaged groups. As a result, discrimination on the basis of appearance, when it rewards people who conform to these norms, may involve, or interact with, the effects of, wrongful discrimination on the basis of features other than appearance, in a way that aggravates existing injustices. What's Wrong with Lookism? examines the morality of appearance discrimination in three contexts: employment decisions; the choice of friends or romantic partners; and the everyday practice of judging and commenting upon people's looks. Andrew Mason develops a pluralist theory of what makes discrimination wrong that identifies three wrong-making features, namely, disrespect, deliberative unfairness, and contributing to unjust consequences, and demonstrates how the presence of one or more of these features in each of these contexts problematises the lookism that takes place in it.

Vulnerability

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Author : Catriona Mackenzie
Publisher : Oxford University Press, USA
ISBN 13 : 0199316651
Total Pages : 331 pages
Book Rating : 4.1/5 (993 download)

Book Synopsis Vulnerability by : Catriona Mackenzie

Download or read book Vulnerability written by Catriona Mackenzie and published by Oxford University Press, USA. This book was released on 2014 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume breaks new ground by investigating the ethics of vulnerability. Drawing on various ethical traditions, the contributors explore the nature of vulnerability, the responsibilities owed to the vulnerable, and by whom.

Philosophical Foundations of the Law of Torts

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

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.

Feminist Perspectives on Tort Law

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Author : Janice Richardson
Publisher : Routledge
ISBN 13 : 0415619203
Total Pages : 250 pages
Book Rating : 4.4/5 (156 download)

Book Synopsis Feminist Perspectives on Tort Law by : Janice Richardson

Download or read book Feminist Perspectives on Tort Law written by Janice Richardson and published by Routledge. This book was released on 2012 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminist Perspectives on Tort brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law.