Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Download or read book Neuroscience and Law written by Antonio D’Aloia and published by Springer Nature. This book was released on 2020-06-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.

Download or read book Mass Torts in Europe written by Willem H. van Boom and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-10-14 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: in recent years, there has been a growing interest in the legal aspects of mass torts in Europe. Both academics, legislatures, courts and policymakers throughout the whole of Europe have been struggling with the challenges that such ‚massification‘ of private law relationships poses both in and outside of tort law. The subject moves between the law of civil procedure, substantive tort law, access to justice debates and regulatory frameworks for mass disputes. This volume offers both a caleidoscopic review of real-life key cases of mass tort and an in-depth reflection on the broader implications of mass tort in Europe. Thus, the challenges posed by mass torts are explored, mapped and analysed.

Download or read book Proportional Liability Analytical and Comparative Perspectives written by Israel Gilead and published by Walter de Gruyter. This book was released on 2013-10-14 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.

Download or read book Unification of Tort Law Causation written by Francesco Donato Busnelli and published by Springer. This book was released on 2000-06-21 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foundation of tort law in various European legal systems differs considerably. A group of tort lawyers, the "European Group on Tort Law", proposes to address the fundamental questions underlying every tort law system. They aim at identifying these principles, thus searching for a common law of Europe, without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Discussing the most relevant factors in establishing liability as wrongfulness, causation, damage, fault and the area of strict liability the group is concentrating on the topic "causation" in this book, trying to combine theoretical abstract analysis with the discussion of concrete cases. Firstly, the authors give an overview of causation under their national legal systems, especially by working out its concept and its importance in establishing liability. Secondly, concrete cases are solved. The following comparative conclusions aim at the co-ordination of the results and the supplementation of other important factors.

Download or read book The Just Culture Principles in Aviation Law written by Francesca Pellegrino and published by Springer Nature. This book was released on 2019-09-09 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.

Download or read book Redefining Organised Crime A Challenge for the European Union written by Stefania Carnevale and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it. The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law and of organised crime more generally.

Download or read book The Development of Liability in Relation to Technological Change written by Miquel Martín-Casals and published by Cambridge University Press. This book was released on 2014-07-31 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of how established rules of tort law have responded to technological change.

Download or read book Innovative Technologies and Signal Processing in Perinatal Medicine written by Danilo Pani and published by Springer Nature. This book was released on 2023-09-19 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on current and innovative technologies in perinatal medicine, specifically the period from the third trimester of pregnancy up to one month after birth. It follows the Second International Summer School on Technologies and Signal Processing in Perinatal Medicine (TSPPM 2021) and includes a number of the master lectures presented at the school. The book aims to provide an overview of current data processing and machine learning approaches, with clear indications and exhaustive presentations on research trends in the field, written by top scientists and researchers. It also presents the underlying clinical aspects and ethico-legal issues associated with the adoption of these technologies, particularly artificial intelligence tools. Innovative Technologies and Signal Processing in Perinatal Medicine: Volume 2 provides students, researchers, and practitioners with the knowledge necessary to carry out basic and applied research on the development of perinatal medicine medical devices with a particular emphasis on software design and development.

Download or read book Ethics and Law for Chemical Biological Radiological Nuclear Explosive Crises written by Dónal P. O'Mathúna and published by Springer. This book was released on 2019-04-25 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a current analysis of the legal and ethical challenges in preparing for and responding to chemical, biological, radiological, nuclear and explosive (CBRNE) crises. From past events like the Chernobyl nuclear incident in Russia or the Bhopal chemical calamity in India, to the more recent tsunami and nuclear accident in Japan or the Ebola crisis in Africa, and with the on-going threat of bioterrorism, the need to be ready to respond to CBRNE crises is uncontroversial. What is controversial is whether we are on a path that adequately prepares us for the next event. The ethical and legal scholars in this volume hold that much work remains to be done and offer this book to stimulate further reflection and dialogue around CBRNE crises. This is an indispensable book for both students and scholars of bioethics, international law, public health, as well as for regulators and administrators developing policy and legislation related to public health planning and emergency responses.

Download or read book Sociological Theory written by Alessandro Orsini and published by Springer Nature. This book was released on with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Historical Pollution written by Francesco Centonze and published by Springer. This book was released on 2017-08-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.

Download or read book Selected Areas of Italian Tort Law written by Rebecca Spitzmiller and published by © Editrice il Sirente. This book was released on 2011 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Principles of European Tort Law written by and published by . This book was released on 2000 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Environmental Crime in Europe written by Andrew Farmer and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.

Download or read book The Future of Criminology written by Rolf Loeber and published by Oxford University Press. This book was released on 2012-05-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminology is a dynamic and evolving field of study. In recent decades, the study of the causes, development, prevention, and treatment of juvenile delinquency and adult crime has produced many important discoveries. This volume addresses two questions about crucial topics facing criminology - from causation to prevention to public policy: Where are we now? What does the future hold? Rolf Loeber and Brandon C. Welsh lead a team of more than forty top scholars from across the world to present the future of research, policy, and practice in the discipline.

Download or read book Causation in Competition Law Damages Actions written by Claudio Lombardi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elucidates the concept of causation in competition law damages and outlines its practical implications through relevant case law.