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Author : Lord Steyn
Publisher :
Page : 24 pages
File Size : 42,79 MB
Release : 2002
Category : Distributive justice
ISBN :
Author : Tsachi Keren-Paz
Publisher : Routledge
Page : 282 pages
File Size : 28,47 MB
Release : 2018-12-20
Category : Law
ISBN : 1351144502
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.
Author :
Publisher : Ingram
Page : 1092 pages
File Size : 43,94 MB
Release : 2007
Category : Law
ISBN :
The Fourth Edition of this unique casebook has been dramatically revised. This new edition presents the important cases, statutes, empirical data, and competing tort theories in a problems-oriented format that is designed to help students acquire a sophisticated understanding of tort law through active learning. As before, the text includes a large number of problems. Now, however, the Problems, updated and considerably expanded, are organized in Sets at the end of each substantive chapter. This extensively re-written and reorganized edition includes the classic common law torts cases, but is updated throughout with teachable, cutting-edge decisions that will demand student interest and hold their attention. Particular care has been to take account of the most recent commentaries on tort law, such as the growing importance of the Restatement (Third) of Torts. Chapter One is unique among American torts casebooks in its examination of how the dominant twenty-first century tort theories influence judicial decisionmaking and scholarship. That chapter explains six key perspectives on tort law: Law and Economics; Corrective Justice; Critical Race Theory; Critical Feminism; Pragmatism; and Social Justice Chapter One references the famous McDonald's hot coffee litigation as a case study to illustrate these perspectives in action. Subsequent chapters continue to work through that case study and continually reference the perspectives to explain or challenge the decided cases. The authors seek to provide students with innovative cases and problems, empowering them with practical skills. By exposing students to the most important contemporary tort law theories, the Fourth Edition of this casebook encourages students to go beyond passively memorizing case holdings and the voyeuristic experience of reading appellate opinions and truly gain perspectives on tort law. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author : Robert L. Rabin
Publisher : Aspen Publishers
Page : 452 pages
File Size : 11,23 MB
Release : 1995
Category : Law
ISBN :
Universally considered to be pathbreaking, landmark, original, and provocative since its first edition was published three decades ago, "Women in Law" continues to provide a sociological and historical analysis of the overt and subtle ceilings placed on women in the legal profession in their various roles. It is a foundational work for departments of gender studies, law, and sociology - but also reads as accessible and interesting to a general audience. Adding a new foreword by Stanford's Deborah Rhode, the thirtieth anniversary edition of this classic book reports countless revealing interviews, war stories, and inside glimpses of the many professional roles that women inhabit: lawyers, judges, professors, leaders, and backroom labor. It also brings vividly to life the candid - and sometimes cringeworthy - assessments by male lawyers and judges about the changes to the profession ushered in by the increasing entry of women to the lawyers' club. Part of the "Classics of Law & Society" Series from Quid Pro, "Women in Law" is recognized as within the canon of its field, and now is available in a modern paperback format. It features embedded page numbers from the previous print editions (to facilitate referencing, classroom assignment, and continuity with the new ebook editions), as well as all the original tables and figures. "From the new Foreword: " "When Cynthia Fuchs Epstein published her pathbreaking account of "Women in Law," their status in the profession was separate and anything but equal.... Over the last three decades, much has changed but too much has remained the same. Now, about half of new lawyers in the United States are women and they are fairly evenly distributed across substantive areas. Yet significant gender disparities persist. Women constitute about a third of the lawyers in large firms, but only about 17 percent of equity partners. Attrition rates are almost twice as high among female associates as among comparable male associates.... When Epstein published "Women in Law," part of what attracted its widespread acclaim was its originality; it was among the first in what has now become a rich literature on gender and diversity in the profession. Indeed, the fact that the book is being reissued testifies not only to its enduring scholarly value, but also to the attention that the issue now commands.... Her book helped inspire that movement, and our profession remains deeply in her debt." - Deborah L. RhodeErnest W. McFarland Professor of Law, Stanford Law School "Impressive ... a story which the legal world can read with no legal pride and which others will read with substantial interest." - "New York Times Book Review" (reviewing the first edition)
Author : Ernest J. Weinrib
Publisher : Oxford University Press
Page : 365 pages
File Size : 42,48 MB
Release : 2012-09-20
Category : Law
ISBN : 0199660646
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.
Author : Izhak Englard
Publisher : Oxford University Press
Page : 256 pages
File Size : 46,99 MB
Release : 2009-02-17
Category : Law
ISBN : 0199748438
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.
Author : Izhak Englard
Publisher : Dartmouth Publishing Company
Page : 338 pages
File Size : 22,19 MB
Release : 1993
Category : Law
ISBN :
There are three pairs of concepts which dominate the contemporary discussion concerning tort law: moral responsibility and social utility; corrective and distributive justice; and strict liability and fault. This text analyzes these concepts and examines their use in the liability context.
Author : Gregory C. Keating
Publisher :
Page : 0 pages
File Size : 40,60 MB
Release : 2005
Category :
ISBN :
Tort theory is torn between two competing conceptions. One of these - the justice conception - takes the tort law of accidents to be continuous with our ordinary notions of agency and responsibility, carelessness and wrongdoing, harm and reparation. The other - the economic conception - holds that tort accident law should express an appropriately scientific conception of human welfare. Theorists in the first camp have generally believed that justice in tort is a matter of corrective justice, that it is concerned all but exclusively with the rectification of losses wrongfully inflicted. This paper challenges that belief. It argues that we should understand tort law to be primarily a matter of distributive justice - a matter of the fair apportionment of the burdens and benefits of risky activities - and only secondarily a matter of corrective justice. Calling attention to the role that distributive justice plays in the law of torts has an interpretive advantage: it helps to explain and justify the existence of strict liability in tort, something which corrective justice conceptions have had difficulty doing. But focusing on the importance of distributive justice to the law of torts also has transformative implications for the law of torts: it implies that, other things equal, strict liability is to be favored over negligence.
Author : Alan Calnan
Publisher :
Page : 424 pages
File Size : 35,29 MB
Release : 1997
Category : Law
ISBN :
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.
Author : John Oberdiek
Publisher :
Page : 464 pages
File Size : 20,62 MB
Release : 2014-02
Category : Law
ISBN : 0198701381
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.