Download or read book Rules for Wrongdoers written by Arthur Ripstein and published by Oxford University Press. This book was released on 2021-03-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arthur Ripstein's lectures focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. Ripstein argues that recognizing both sets of rules as distinctive prohibitions, rather than as permissions, can reconcile the supposed tension between them. He contends that the law and morality of war are in fact aligned, because the central wrong of war is that war is the condition which force decides. In his first lecture, "Rules for Wrongdoers," he explains how moral principles governing an activity apply even to those who are not permitted to engage in them. In his second lecture, "Combatants and Civilians," he develops a parallel account of the distinction between combatants and civilians. The volume includes an introduction by editor Saira Mohamed and subsequent essays by commentators Oona A. Hathaway, Christopher Kutz, and Jeff McMahan. Rules for Wrongdoers represents a major statement on the ethics of war by one of the most distinguished thinkers in the field.
Download or read book Rules for Wrongdoers written by Arthur Ripstein and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Ripstein's lectures, which constitute the central texts of this book, focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. The lectures argue that both sets of rules constitute prohibitions rather than permissions, and that recognizing them as distinctive prohibitions can reconcile the seeming tension between them. By understanding that the central wrong of war is that war is the condition which force decides, Ripstein contends that the law and morality of war are in fact aligned; the rules governing the conduct of hostilities must apply equally to parties in the right and parties in the wrong in an armed conflict, because the prohibitions outlined in the rules governing war are prohibitions that restrain war. Ripstein's method of analysis and the substantive argument he puts forward offer an opportunity for rigorous critical engagement in subsequent essays by commentators Hathaway, Kutz, and McMahan, followed by a response from Ripstein"--
Download or read book Remedies in Australian Private Law written by Katy Barnett and published by Cambridge University Press. This book was released on 2018-08-07 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.
Download or read book Organizations as Wrongdoers written by Stephanie Collins and published by Oxford University Press. This book was released on 2023-01-24 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organizations do moral wrong. States pursue unjust wars, businesses avoid tax, charities misdirect funds. Our social, political, and legal responses require guidance. We need to know what we're responding to and how we should respond to it. We need a metaphysical and moral theory of wrongful organizations. This book provides a new such theory, paying particular attention to questions that have been underexplored in existing debates. These questions include: where are organizations located as material objects in the natural world? What's the metaphysical relation between organizations and their members? Can organizations be blameworthy for attitudes and character traits, as well as for actions? What about feelings of guilt, remorse, and shame-can organizations feel these emotions and why does this matter? How and why are members implicated in organizations' wrongs? How should organizations' reparative costs be apportioned among members? The book provides provocative answers to these questions. It argues that organizations are material objects with humans as material parts - much like how a pizza is a material object with slices as material parts. This picture helps us make sense of organizations' blameworthiness, including blame for organization-level actions, attitudes, and character traits. What's more, organizations can experience moral self-awareness - a crucial component of guilt, remorse, and shame. Members can be implicated in organizations' actions in numerous ways - and, it is argued, members' level of implication should determine their share of organizations' reparative burdens.
Download or read book Remedies Cases and Materials in Australian Private Law written by Katy Barnett and published by Cambridge University Press. This book was released on 2023-01-31 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute.
Download or read book Fraud and Risk in Commercial Law written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on contemporary problems related to fraud and risk in commercial law. It has been said by some that we are in a 'golden age of fraud'. In part this has been caused by globalisation, technological changes and the financialisation of business. This has resulted in the creation of automated linkages with integrated supply chains and the creation of systemic risks, which have been exacerbated by new forms of intangible assets like tokens and their ease of movement. While regulation has ebbed and flowed given the desire of governments to generate economic growth, as well as the distrust of their coercive powers, the courts have sought to strike a balance between considerations such as commercial certainty and fairness. The book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and 'failure to prevent' economic crime, abuse of business entities, insolvency and creditor protection, injunctions and other orders, cross-border issues, the relationship between regulation and private law, and solutions for policy makers.
Download or read book Rights and Private Law written by Donal Nolan and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Download or read book The Law of Torts written by Sir John William Salmond and published by . This book was released on 1916 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On the Wrong Side of The Law written by Graham Smith and published by Springer Nature. This book was released on 2020-08-25 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the first of a two volume study, provides an historical account of complaints against Metropolitan police officers between formation of the force in 1829 and codification of remedies for misconduct under the Police Act 1964. A complainant centred standpoint is developed to counteract the marginalization of the interests of victims, which is held to demonstrate that the drive for effective and efficient law enforcement has overshadowed the public interest in holding officers to account for misconduct. After officer accountability before the criminal courts diminished in the nineteenth century, missed opportunities to reform complaints procedures following commissions of inquiry in 1906-08, 1928 and 1960-62 are discussed. The second volume of the study, Combating Impunity: Complaints Against Metropolitan Police, 1964-2021, will examine the part played by complainants and civil society organisations in combating police impunity in the citizen oversight era.
Download or read book The Law and Practice in Actions for Torts in the State of New York written by James Newton Fiero and published by . This book was released on 1903 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The World of Maritime and Commercial Law written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.
Download or read book Research Handbook on Empirical Studies in Intellectual Property Law written by Estelle Derclaye and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.
Download or read book Apportionment in Private Law written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives – historical, comparative, empirical, doctrinal and philosophical.
Download or read book Normal Organizational Wrongdoing written by Donald Palmer and published by Oxford University Press. This book was released on 2012-03-29 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Instances of wrongdoing in and by organizations have featured heavily in news headlines in recent years. Why do organizational participants—employees, managers, senior officials—engage in illegal, unethical, and socially irresponsible behavior? The dominant view of wrongdoing as an abnormal phenomenon assumes that the perpetrator is a rational, proactive actor, working in isolation. However, Palmer develops an alternative approach in this book, examining wrongdoing as a normal occurrence, produced by boundedly rational actors whose behaviour is shaped by the immediate social context over a period of time. The book provides a comprehensive critical review of the theory and research on organizational wrongdoing. By using rich case study material, it illuminates different perspectives, potential explanations, and policy suggestions for the reduction of organizational wrongdoing.
Download or read book The Pacific Reporter written by and published by . This book was released on 1920 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exploring the Domain of Accident Law written by Don DeWees and published by Oxford University Press. This book was released on 1996-01-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.
Download or read book Wrongs and Crimes written by Victor Tadros and published by Oxford University Press. This book was released on 2016-12-06 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
