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Author: Robert Stevens Publisher: OUP Oxford ISBN: 0191021636 Category : Law Languages : en Pages : 416
Book Description
The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.
Author: Robert Stevens Publisher: OUP Oxford ISBN: 0191021636 Category : Law Languages : en Pages : 416
Book Description
The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.
Author: Jonathan L. Zittrain Publisher: MIT Press ISBN: 0262370069 Category : Law Languages : en Pages : 594
Book Description
A law school casebook that maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. A tort is a wrong that a court is prepared to recognize, usually in the form of ordering the transfer of money (“damages”) from the wrongdoer to the wronged. The tort system offers recourse for people aggrieved and harmed by the actions of others. By filing a lawsuit, private citizens can demand the attention of alleged wrongdoers to account for what they’ve done—and of a judge and jury to weigh the claims and set terms of compensation. This book, which can be used as a primary text for a first-year law school torts course, maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. Taken together, these cases show differing approaches to the problems of defining legal harm and applying those definitions to a messy world. The cases range from alleged assault and battery by “The Schoolboy Kicker” (1891) to the liability of General Motors for “The Crumpling Toe Plate” (1993). Each case is an artifact of its time; students can compare the judges’ societal perceptions and moral compasses to those of the current era. This book is part of the Open Casebook series from Harvard Law School Library and MIT Press.
Author: John Oberdiek Publisher: ISBN: 0198701381 Category : Law Languages : en Pages : 464
Book Description
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.
Author: John C. P. Goldberg Publisher: Harvard University Press ISBN: 0674246527 Category : Law Languages : en Pages : 393
Book Description
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: Arthur Ripstein Publisher: Harvard University Press ISBN: 0674659805 Category : Law Languages : en Pages : 328
Book Description
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: Martha Chamallas Publisher: NYU Press ISBN: 0814716768 Category : Law Languages : en Pages : 240
Book Description
""This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system.""--BOOK JACKET.
Author: Keith N. Hylton Publisher: Cambridge University Press ISBN: 1316598497 Category : Law Languages : en Pages : 465
Book Description
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
Author: Kenneth S. Abraham Publisher: ISBN: 9780813947143 Category : LAW Languages : en Pages : 0
Book Description
"This book has evolved out of a series of jointly authored articles on torts that we published in law reviews between 2013 and 2021."--
Author: Robert Stevens
Author: Robert Stevens
Author: Stuart M. Speiser
Author: Jonathan L. Zittrain
Author: Thomas McIntyre Cooley
Author: John Oberdiek
Author: John C. P. Goldberg
Author: Arthur Ripstein
Author: Martha Chamallas
Author: Keith N. Hylton
Author: Kenneth S. Abraham