The Psychology of Tort Law PDF Download

Author: Jennifer K. Robbennolt
Publisher: NYU Press
ISBN: 1479814180
Category : Law
Languages : en
Pages : 327

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Book Description
"This book explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, the authors examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law."--Page 4 of cover.

Author: Jennifer K Robbennolt
Publisher: NYU Press
ISBN: 0814724809
Category : Law
Languages : en
Pages : 328

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Book Description
Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

Author: Michael J. Saks
Publisher: NYU Press
ISBN: 0814783872
Category : Law
Languages : en
Pages : 339

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Book Description
Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

Author: Rachael Mulheron
Publisher: Cambridge University Press
ISBN: 1108727646
Category : Law
Languages : en
Pages : 1111

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Book Description
This book does what it 'says on the tin' - stating the corpus of tort law as a body of principles. Undertaken for the first time in English tort law, this book describes the law of tort concisely, accessibly, and accurately, and with both depth and detail.

Author: Jennifer K. Robbennolt
Publisher: American Bar Association
ISBN: 9781641058162
Category : Law
Languages : en
Pages : 560

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Book Description
The primary goal of this book is to expose lawyers and law students to some of the key insights offered by the field of psychology and to illustrate the ways in which understanding these insights can improve the practice of law.

Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0198705050
Category : Law
Languages : en
Pages : 577

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Book Description
This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.

Author: Monica K. Miller
Publisher: Springer
ISBN: 3319294067
Category : Psychology
Languages : en
Pages : 294

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Book Description
This first volume of an exciting annual series presents important new developments in the psychology behind issues in the law and its applications. Psychological theory is used to explore why many current legal policies and procedures can be ineffective or counterproductive, with special emphasis on new findings on how witnesses, jurors, and suspects may be influenced, sometimes leading to injustice. Expert scholars make recommendations for improvements, suggesting both future directions for research inquiries on topics and needed policy changes. Topics included in this initial offering have rarely been considered in such an in-depth fashion or are in need of serious re-thinking: Interrogation of minority suspects: pathways to true and false confessions. A comprehensive evaluation of showups. The weapon focus effect for person identifications and descriptions. The psychology of criminal jury instructions. Structured risk assessment and legal decision making. Children’s participation in legal proceedings: stress, coping, and consequences. Sex offender policy and prevention. The psychology of tort law. Demonstrating the scope and rigor that will characterize the series, Volume 1 of Advances in Psychology and Law will interest psychology and legal experts as well as practicing psychologists, and will inspire fresh thinking as the two fields continue to interact.

Author: Rebecca Hollander-Blumoff
Publisher: Edward Elgar Publishing
ISBN: 1800881924
Category : Law
Languages : en
Pages : 509

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Book Description
This Research Handbook presents a kaleidoscopic view of law and psychology as a multidisciplinary field of study and explores major themes at the intersection of these two scholarly traditions. Adopting an expansive approach, it examines important topics including theories of justice, morality, and legitimacy; social norms; system justification theory; and the role of emotion within law.

Author: Francesco Parisi
Publisher: Stanford University Press
ISBN: 9780804751445
Category : Business & Economics
Languages : en
Pages : 634

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Book Description
This collection of essays explores the most relevant developments at the interface of economics and psychology, giving special attention to models of irrational behavior, and draws the relevant implications of such models for the design of legal rules and institutions. The application of economic models of irrational behavior to law is especially challenging because specific departures from rational behavior differ markedly from one another. Furthermore, the analytical and deductive instruments of economic theory have to be reshaped to deal with the fragmented and heterogeneous findings of psychological research, turning towards a more experimental and inductive methodology. This volume brings together pioneering scholars in this area, along with some of the most exciting developments in the field of legal and economic theory. Areas of application include criminal law and sentencing, tort law, contract law, corporate law, and financial markets.

Author: Barbara Mitchels
Publisher: SAGE Publications
ISBN: 1848608861
Category : Psychology
Languages : en
Pages : 177

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Book Description
This third book in the authoritative BACP Legal Resources for Counsellors and Psychotherapists series provides a user-friendly guide to the law for all those practising and training in the counselling profession. Barbara Mitchels and Tim Bond make legal issues relevant and bring them alive for the practitioner. Packed with practical examples, this book covers essential areas of law for practitioners including - professional ethics and standards - negligence - contracts and premises - employment and insurance - dealing with legal claims - professional diligence. Other features include a glossary, tables and flowcharts as well as a comprehensive index of resources and organisations for additional information and guidance. This readable book helps practice managers, counsellors and psychotherapists to recognise, understand and address legal issues that may arise in their practice, and assists them in finding any additional resources they may need. Demystifying the law, this book is an authoritative guide for therapists, including those working in private practice, as well as being important reading for all those studying counselling, psychotherapy or clinical psychology.