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Author: Bénédict Winiger Publisher: Springer ISBN: 9783211998885 Category : Law Languages : en Pages : 632
Book Description
In order to contribute to a better understanding of natural causation, which is a central concept in civil law, the present book offers a large collection of leading cases from 25 European countries and from the Court of Justice of the European Community. Each case is shortly summarised and commented on. Further, an important number of cases collected are resolved according to the recently published ‘Principles of European Tort Law’.
Author: Bénédict Winiger Publisher: Springer ISBN: 9783211998885 Category : Law Languages : en Pages : 632
Book Description
In order to contribute to a better understanding of natural causation, which is a central concept in civil law, the present book offers a large collection of leading cases from 25 European countries and from the Court of Justice of the European Community. Each case is shortly summarised and commented on. Further, an important number of cases collected are resolved according to the recently published ‘Principles of European Tort Law’.
Author: Benedict Winiger Publisher: Walter de Gruyter ISBN: 3110248492 Category : Law Languages : en Pages : 1218
Book Description
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
Author: Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3111001520 Category : Languages : en Pages : 999
Author: Sarah Green Publisher: Bloomsbury Publishing ISBN: 1782255214 Category : Law Languages : en Pages : 295
Book Description
The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different 'categories' of causation and, consequently, to identify the legal test to be applied on any given set of facts. Causation in Negligence will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process. The causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.
Author: Benedict Winiger Publisher: Walter de Gruyter GmbH & Co KG ISBN: 311053567X Category : Law Languages : en Pages : 1316
Book Description
The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
Author: Tad M. Schmaltz Publisher: Oxford University Press, USA ISBN: 0199782172 Category : Philosophy Languages : en Pages : 395
Book Description
This volume is a collection of new essays by specialists that trace the concept of efficient causation from its discovery (or invention) in Ancient Greece, through its development in late antiquity, the medieval period, and modern philosophy, to its use in contemporary metaphysics and philosophy of science.
Author: Jack Levy Publisher: Routledge ISBN: 1134101406 Category : History Languages : en Pages : 363
Book Description
This edited volume focuses on the use of ‘necessary condition counterfactuals’ in explaining two key events in twentieth century history, the origins of the First World War and the end of the Cold War. Containing essays by leading figures in the field, this book analyzes the causal logics of necessary and sufficient conditions, demonstrates the variety of different ways in which necessary condition counterfactuals are used to explain the causes of individual events, and identifies errors commonly made in applying this form of causal logic to individual events. It includes discussions of causal chains, contingency, critical junctures, and ‘powder keg’ explanations, and the role of necessary conditions in each. Explaining War and Peace will be of great interest to students of qualitative analysis, the First World War, the Cold War, international history and international relations theory in general.
Author: Markus D Dubber Publisher: OUP Oxford ISBN: 0191654604 Category : Law Languages : en Pages : 1294
Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Bénédict Winiger
Author: Bénédict Winiger
Author: Benedict Winiger
Author: Marta Infantino
Author: Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner
Author: Sarah Green
Author: Benedict Winiger
Author: Tad M. Schmaltz
Author: Jack Levy
Author: Markus D Dubber
Author: Sandy Steel