Download or read book Scholars of Tort Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press, USA. This book was released on 2003 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Belknap Press. This book was released on 2020 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--
Download or read book The Measure of Injury written by Martha Chamallas and published by NYU Press. This book was released on 2010-05-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship is generally viewed as the most desired legal status an individual can attain, invoking the belief that citizens hold full inclusion in a society, and can exercise and be protected by the Constitution. Yet this membership has historically been exclusive and illusive for many, and in Citizenship and its Exclusions, Ediberto Roman provides a sweeping, interdisciplinary analysis of citizenship's contradictions. Roman offers an exploration of citizenship that spans from antiquity to the present, and crosses disciplines from history to political philosophy to law, including constitutional and critical race theories. Beginning with Greek and Roman writings on citizenship, he moves on to late-medieval and Renaissance Europe, then early Modern Western law. His analysis culminates with an explanation of how past precedents have influenced U.S. law and policy regulating the citizenship status of indigenous and territorial island people, as well as how different levels of membership have created a de facto subordinate citizenship status for many members of American society, often lumped together as the "underclass." "What kind of harms matter, and why? Steeped in the history of American tort law, Martha Chamallas and Jennifer B. Wriggins demonstrate how attitudes about race and gender run through the harms recognized---and not recognized---by American law. Along the way, this fine book sheds light on deliberate and unconscious stereotyping, the shifting treatments of workplace and family injuries, the influence of social movements on law and public attitudes, and alternative approaches to harms, causation, and damages. This book is brimming with insights about how societies do and should express what matters in assigning liability for human pain and loss." "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."
Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press. This book was released on 1985-02-21 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as a standard in the field, G. Edward White's Tort Law in America is a concise and accessible history of the way legal scholars and judges have conceptualized the subject of torts, the reasons that changes in certain rules and doctrines have occurred, and the people who brought about these changes. Now in an expanded edition, Tort Law in America features a new preface that places the book within the current scholarship and two new chapters covering developments in American tort law over the past fifteen years. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late nineteenth and early twentieth centuries in America, and the recurrent concerns of tort law since its emergence as a discrete field. He puts the intellectual history of this unique branch of law into the general picture of philosophy, sociology, and literature in what is not only a major work of legal scholarship but also a tour de force for anyone interested in American intellectual history.
Download or read book Perspectives on Tort Law written by Robert L. Rabin and published by Aspen Publishers. This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With Robert Rabin’s Perspectives on Tort Law, students will gain a thorough understanding of the relevant legal principles – case by case, issue by issue. Presenting the text as an exploration of the ideological roots of tort law, The material can be used as either a supplementary volume in an introductory course or as the primary text in an advanced course or seminar. Look for this text to include: Essays written over the past century by tort scholars Oliver Wendell Holmes, Charles Gregory, James Henderson, and others on the development and rationale of the United States tort system Extensive coverage of consideration of liability for unintentional harm , along with additional coverage of negligence, strict liability, no-fault compensation systems, and r eferences to foreign systems
Download or read book Tort Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2016-06-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Revisionist History of Tort Law written by Alan Calnan and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Revisionist History of Tort Law explodes the myths of modern tort historiography. It challenges both the methodology and the conclusions of Oliver Wendell Holmes, Jr., America's first and most influential tort historian. It contends that Holmes' jurisprudence corrupted his view of history, and that his historiography corrupted the outlook of his successors. Yet Revisionist History offers much more than simple deconstruction. It identifies the principles for historical analysis and uses those principles to propose a revolutionary new history of tort law. As a social science, history requires deep, comprehensive and unbiased investigation. Thus, Revisionist History does not trace the development of any specific tort doctrine. Rather, it uncovers the political, philosophical, social, and moral influences which gave the law its life. Moreover, this book does not simply reinterpret the law's primary sources. Instead, it marshals a vast array of secondary authorities which place those sources in context. Finally, Revisionist History does not set its focus on a single, isolated epoch. Rather, it traces the law's entire intellectual history -- from its earliest beginnings to its emergence in the modern era. Enriched by its broadened scope, A Revisionist History of Tort Law provides revelations about the law's past and opens insights into its present and future. It disproves the notion that early tort law was primitive and thoughtless, locating its origins in the intellectual revival of the twelfth century renaissance. It debunks the view that tort law fluctuated with changing notions of public policy, arguing, conversely, that the law's structure and content remained consistently grounded in classical principles of liberalism, naturalism, and rationalism. Finally, it refutes the theory that tort law switched from strict liability to liability based on fault, revealing instead a system remarkably steadfast in its commitment to the timeless dictates of reasonableness. "This book is highly recommended for all tort scholars, legal philosophers, and legal historians." -- Michael Rustad in The Law and Politics Book Review vol. 15, no. 5, May 2005 "...Intriguing, original..." -- Alberta Law Review
Download or read book A Selection of Cases On the Law of Torts Volume 1 written by James Barr Ames and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential text on the law of torts provides law students and practitioners with a comprehensive and detailed overview of the subject. With carefully selected cases and insightful commentary by two leading legal scholars, this book is an indispensable resource for anyone seeking to understand tort law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Tort Law Defences written by James Goudkamp and published by A&C Black. This book was released on 2014-07-18 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
Download or read book The Oxford Introductions to U S Law written by John C.P. Goldberg and published by Oxford University Press. This book was released on 2010-06-03 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.
Download or read book Tort Law Challenging Orthodoxy written by Stephen G.A. Pitel and published by A&C Black. This book was released on 2014-07-18 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.
Download or read book Handbook On the Law of Torts written by William Benjamin Hale and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential reference work offers a comprehensive overview of the law of torts. Drawing on a wide range of legal sources, it covers topics such as negligence, strict liability, and intentional torts. Whether you are a law student or a legal professional, this book is an indispensable resource for anyone seeking a thorough understanding of tort law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Law of Torts in Canada written by Gerald Henry Louis Fridman and published by Thomson Carswell. This book was released on 2002 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a comprehensive account of the law of torts in Canada and provides complete coverage of the substantive law of torts in common law Canada. The second edition has been completely revised and consolidated into one volume. The chapter on negligence has been divided into several distinct chapters. Previously well-known torts have been reconsidered in light of new decisions appearing in the past ten years, such as those on negligent misrepresentation and qualified privilege.
Download or read book Three Essays on Torts written by Jane Stapleton and published by Oxford University Press. This book was released on 2021-01-21 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of essays champions tort scholarship that puts judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the 'living' and 'evolving' common law. This is 'reflexive tort scholarship'. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic search for 'grand theories' that descriptively assert that tort law is fundamentally 'all about one thing', a unifying idea that alone explains and justifies the whole of tort law. This book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates key features of tort law. The first essay contrasts the reflexive approach with the Grand Theory approach, while the second essay identifies a principle of tort law (the 'cooperative principle'), that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law - that based on the famous case of Hedley Byrne v Heller. The final essay deploys the reflexive method to argue that the iconic 'but-for' test of factual causation is inadequate and narrower than the concept actually utilized in the cases. Application of the method also prompts a reassessment of the 'scope of duty' concept and of the appropriate characterisation of the much-discussed decision in SAAMCO. These essays, based on the 2018 Clarendon Law Lectures given at Oxford University, clearly demonstrate the value of scholarship that 'takes the judges seriously'.
Download or read book Cases and Materials on Torts written by Richard Allen Epstein and published by Aspen Publishers. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly successful casebook integrates modern scholarship and historical background to provide students with a thorough understanding of tort law. Written by leading scholar Richard Epstein, Cases and Materials on Torts takes an explicitly economics-based point of view and examines the processes of legal methods and reasoning, and the impact of legal rules on social institutions. The Tenth Edition welcomes new co-author Catherine Sharkey, an expert on punitive damages and federal preemption of state tort law. Hypothetical problems have been added to assist students in their understanding of core issues. New developments, such as privacy and defamation in the Internet Age, and the relevance of race and gender in calculating damages, are given thorough coverage. Features: Written by a leading scholar in the field, Economics-based point of view makes a good foil for counterpoint and fuels class discussion. Traditional approach integrates cases with modern scholarship on moral theory, law and economics, and salient policy questions. Begins with Intentional Torts and other physical and mental harms, and progresses logically through to nonphysical interests. Thoughtful presentation examines the processes of legal method, legal reasoning, and the impact of legal rules on social institutions. Exposes students to different intellectual approaches that have been employed to interpret tort law over the years. Historical background provides contextual framework of tort law and its development up to the present. Thoroughly updated, the revised Tenth Edition includes: New co-author, Catherine Sharkey, an expert on punitive damages and federal preemption of state tort law. Empirical approach to many issues harmonizes the topics with cutting edge scholarship. Hypothetical problems, inspired by the facts of actual cases, to help students develop a deeper understanding of the core issues. New issues are explored, such as privacy and defamation in the age of the Internet, and the relevance of race and gender to damages calculations.
Download or read book A Compendium of the Law of Torts written by Hugh Fraser and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise and accessible guide to the law of torts offers students and practitioners a comprehensive overview of this complex area of law. Covering topics such as negligence, strict liability, and intentional torts, this book provides a clear and straightforward account of the principles that govern civil liability for harm caused by wrongful acts. With numerous case examples and practical tips, this book is an ideal resource for anyone studying or practicing tort law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
