Download or read book Three Essays on Torts written by Jane Stapleton and published by . This book was released on 2021 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays illustrate the advantages of 'reflexive' tort scholarship by contrasting the reflexive scholarship of judicial analysis with grand theory, then applying reflexive scholarship to the tort of negligence. The final essay presents a wider argument about human responsibility and legal conduct.
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 Essays on Torts written by Wex S. Malone and published by . This book was released on 1986 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Select Essays in Anglo American Legal History written by John Henry Wigmore and published by Franklin Classics Trade Press. This book was released on 2018-10-27 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. 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 SHAPING THE LAW OF OBLIGATIONS written by and published by Oxford University Press. This book was released on 2023 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Province and Politics of the Economic Torts written by John Murphy and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o' the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.
Download or read book Great Debates in Tort Law written by Jonathan Morgan and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading. This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.
Download or read book Justice in Private Law written by Peter Jaffey and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.
Download or read book Politics Policy and Private Law written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Download or read book Lunney and Oliphant s Tort Law written by Ken Oliphant and published by Oxford University Press. This book was released on 2023-02-23 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan.Digital formatsThe seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.· The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.
Download or read book Tort Law Cases and Materials written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2024-06-27 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: Cases and Materials offers a fresh approach to the study of tort law. It is the essential companion to Green and Gardner's Tort Law textbook. Comprehensively covering the tort law curriculum, the inclusion of extracts from key cases, statutes, newspaper reports and articles demonstrates the law in action. The clear and insightful commentary accompanying each extract explains the significance of each and provides students with an enhanced understanding of the material, ensuring they can respond with depth and analysis in their essay questions. In addition to the standard and oft-cited materials, the expert authors have selected alternative voices, including feminist approaches, socio-legal perspectives and comparative material from multiple international jurisdictions. This provides students with a thorough and wide-ranging examination of tort law. Accompanying online resources for this title can be found at bloomsbury.pub/tort-law-2e. These resources are designed to support teaching and learning when using this book and are available at no extra cost.
Download or read book Diverse Voices in Tort Law written by Kirsty Horsey and published by Policy Press. This book was released on 2024-03-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This captivating book explores uncharted territory in tort law, shedding light on underexplored viewpoints in the field. The collection brings issues of social class, race, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people. Written by experts in the main areas of tort law from negligence to defamation and personal torts, chapters will: • deepen students’ understanding of the central concepts and practices of tort law; • uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences; • amplify under-represented voices by signposting to the work and ideas of scholars that are less visible in the field. Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook paves the way for a more inclusive and comprehensive understanding of tort law. Chapter 9 available open access digitally under CC-BY licence.
Download or read book Philosophical Foundations of Tort Law written by David G. Owen and published by . This book was released on 1995 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
Download or read book Taking Law Seriously written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.
Download or read book Landmark Cases in Private International Law written by William Day and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
Download or read book The Law of Obligations written by John G. Fleming and published by Oxford University Press on Demand. This book was released on 1998 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, which range widely over tort law, legal theory and legal history, distinguished academics and members of the judiciary pay tribute to the late John Fleming, one of the most important and influential writers on the law.
Download or read book Economic Torts written by Tony Weir and published by Oxford University Press on Demand. This book was released on 1997 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based closely on the lectures delivered by Tony Weir in 1996 as part of the Clarendon Law lectures series sponsored by Oxford University Press. It is an exciting and provocative book which contains a number of controversial propositions, defended with vigour by its author. Thethree lectures reproduced here deal with liability in tort for intentionally inflicted economic loss. They are characterized by a very unusual combination of bold leading statements and multi-layered supporting analysis. There are also useful Appendices containing full case transcripts of recent,significant cases, including Millar v Bassey and de Voto v Pacific. This book will be irresistible to all scholars of the law of tort, and the author's reputation alone will ensure this book is well-received.
