[PDF] Recognizing Wrongs eBook

Author : John C. P. Goldberg
Publisher : Harvard University Press
Page : 393 pages
File Size : 16,33 MB
Release : 2020-02-04
Category : Law
ISBN : 0674246527

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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.

Author : John C. P. Goldberg
Publisher : Belknap Press
Page : 393 pages
File Size : 40,72 MB
Release : 2020
Category : Torts
ISBN : 0674241703

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"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--

Author : Arthur Ripstein
Publisher : Harvard University Press
Page : 328 pages
File Size : 23,71 MB
Release : 2016-04-05
Category : Law
ISBN : 0674659805

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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

Author : Michelle Schwarze
Publisher : Cambridge University Press
Page : 179 pages
File Size : 44,53 MB
Release : 2020-10-22
Category : Philosophy
ISBN : 1108478662

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Innovative theory surrounding the liberal demand for sympathetic resentment, which entails a recognition of the political equality of victims of injustice.

Author : Tom Shakespeare
Publisher : Routledge
Page : 241 pages
File Size : 32,37 MB
Release : 2006-12-05
Category : Health & Fitness
ISBN : 1134277733

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Over the last thirty years, the field of disability studies has emerged from the political activism of disabled people. In this challenging review of the field, leading disability academic and activist Tom Shakespeare argues that the social model theory has reached a dead end. Drawing on a critical realist perspective, Shakespeare promotes a pluralist, engaged and nuanced approach to disability. Key topics discussed include: dichotomies - the dangerous polarizations of medical model versus social model, impairment versus disability and disabled people versus non-disabled people identity - the drawbacks of the disability movement's emphasis on identity politics bioethics in disability - choices at the beginning and end of life and in the field of genetic and stem cell therapies care and social relationships - questions of intimacy and friendship. This stimulating and accessible book challenges orthodoxies in British disability studies, promoting a new conceptualization of disability and fresh research agenda. It is an invaluable resource for researchers and students in disability studies and sociology, as well as professionals, policy makers and activists.

Author : Hank Nuwer
Publisher : Indiana University Press
Page : 360 pages
File Size : 43,96 MB
Release : 2001
Category : Education
ISBN : 025321498X

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Explores the problems of hazing and binge drinking at fraternities and sororities on American college campuses, telling the stories of some of the young people who have been seriously injured or died as a result of such behaviors; and offers a list of recommendations for reform.

Author : M.E. Bayles
Publisher : Springer Science & Business Media
Page : 290 pages
File Size : 47,78 MB
Release : 1983-08-31
Category : Philosophy
ISBN : 9789027716392

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The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.

Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 36,40 MB
Release : 2021
Category : Law
ISBN : 1328518116

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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Author : Justin Tosi
Publisher : Oxford University Press, USA
Page : 249 pages
File Size : 49,49 MB
Release : 2020-05-15
Category : Philosophy
ISBN : 0190900156

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We are all guilty of it. We call people terrible names in conversation or online. We vilify those with whom we disagree, and make bolder claims than we could defend. We want to be seen as taking the moral high ground not just to make a point, or move a debate forward, but to look a certain way--incensed, or compassionate, or committed to a cause. We exaggerate. In other words, we grandstand. Nowhere is this more evident than in public discourse today, and especially as it plays out across the internet. To philosophers Justin Tosi and Brandon Warmke, who have written extensively about moral grandstanding, such one-upmanship is not just annoying, but dangerous. As politics gets more and more polarized, people on both sides of the spectrum move further and further apart when they let grandstanding get in the way of engaging one another. The pollution of our most urgent conversations with self-interest damages the very causes they are meant to forward. Drawing from work in psychology, economics, and political science, and along with contemporary examples spanning the political spectrum, the authors dive deeply into why and how we grandstand. Using the analytic tools of psychology and moral philosophy, they explain what drives us to behave in this way, and what we stand to lose by taking it too far. Most importantly, they show how, by avoiding grandstanding, we can re-build a public square worth participating in.