Download or read book Waving Not Drowning written by and published by . This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Waving Not Drowning written by Rosie Rushton and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Not Waiving But Drowning written by Suzanne Chiodo and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp Inc v Babstock, the Supreme Court of Canada killed off the concept once and for all, holding that, “[t]his novel cause of action does not exist in Canadian law and has no reasonable chance of succeeding at trial. In addition, the term 'waiver of tort' is apt to generate confusion and should be abandoned.” While the plaintiffs' claims in this case also included breach of contract and unjust enrichment, the focus of the SCC's decision was waiver of tort (on which the Court was unanimous), and that will therefore be the focus of this post. What is waiver of tort, how did it arise in this case, and why its sudden demise?
Download or read book Challenging Private Law written by William Day and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.
Download or read book Final Judgments written by Austin Sarat and published by Cambridge University Press. This book was released on 2017-06-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Final Judgments: The Death Penalty in American Law and Culture explores the significance and meaning of finality in capital cases. Questions addressed in this book include: how are concerns about finality reflected in the motivations and behavior of participants in the death penalty system? How does an awareness of finality shape the experience of the death penalty for those condemned to die as well as for capital punishment's public audience? What is the meaning of time in capital cases? What are the relative weights according to finality versus the need for error correction in legal and political debates? And, how does the meaning of finality differ in capital and non-capital (LWOP) cases? Each chapter examines the idea of finality as a legal, political, and cultural fact. Final Judgments deploys various theories and perspectives to explore the death penalty's finality.
Download or read book Beyond Aid written by Stephen Browne and published by Routledge. This book was released on 2018-08-21 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, Browne creates a comprehensive assessment of post war development assistance in developing countries. Browne suggests that a better managed global environment, developing counties could further advance themselves and thus minimising then diminishing their need for aid resources.
Download or read book Defences in Contract written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.
Download or read book Private Law and Practical Reason written by Haris Psarras and published by Oxford University Press. This book was released on 2023-03-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Download or read book Nirma University Law Journal written by Rishika Khare and published by IndraStra Global e-Journal Hosting Services. This book was released on 2022-07-31 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nirma University Law Journal - Volume XI, Issue II, July 2022 (ISSN: 2249-1430)
Download or read book Literature and the Remains of the Death Penalty written by Peggy Kamuf and published by Fordham Univ Press. This book was released on 2018-10-16 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have generations of philosophers failed or refused to articulate a rigorous challenge to the death penalty, when literature has been rife with death penalty abolitionism for centuries? In this book, Peggy Kamuf explores why any properly philosophical critique of capital punishment in the West must confront the literary as that which exceeds the logical demands of philosophy. Jacques Derrida has written that “the modern history of the institution named literature in Europe over the last three or four centuries is contemporary with and indissociable from a contestation of the death penalty.” How, Kamuf asks, does literature contest the death penalty today, particularly in the United States where it remains the last of its kind in a Western nation that professes to be a democracy? What resources do fiction, narrative, and poetic language supply in the age of the remains of the death penalty? Following a lucid account of Derrida’s approach to the death penalty, Kamuf pursues this question across several literary texts. In reading Orwell’s story “A Hanging,” Kamuf explores the relation between literary narration and the role of the witness, concluding that such a witness needs the seal of literary language in order to account for the secret of the death penalty. The next chapter turns to the American scene with Robert Coover’s 1977 novel The Public Burning, which restages the executions of Julius and Ethel Rosenberg as an outlandish public spectacle in Times Square. Because this fictional device reverses the drive toward secrecy that, beginning in the mid-nineteenth century, put an end to public executions in the West, Kamuf reads the novel in a tension with the current tendency in the U.S. to shore up and protect remaining death penalty practices through increasingly pervasive secrecy measures. A reading of Norman Mailer’s 1979 novel The Executioner’s Song, shows the breakdown of any firm distinction between suicide and capital execution and explores the essential affinity between traditional narrative structure, which is plotted from the end, and the “plot” of a death penalty. Final readings of Kafka, Derrida, and Baudelaire consider the relation between literature and law, showing how performative literary language can “play the law. “A brief conclusion, titled “Postmortem,” reflects on the condition of literature as that which survives the death penalty. A major contribution to the field of law and society, this book makes the case for literature as a space for contesting the death penalty, a case that scholars and activists working across a range of traditions will need to confront.
Download or read book Waiving and Drowning written by Stephen Browne and published by . This book was released on 2001 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Loyalty written by Lionel Smith and published by Oxford University Press. This book was released on 2023-05-11 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
Download or read book The Death Penalty as State Crime written by Laura L. Finley and published by Taylor & Francis. This book was released on 2024-03-27 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new perspective on the death penalty in the US, examining capital punishment as state crime or state-produced harm. It addresses the death penalty, showing how the state not only authorizes a system and a practice that tortures human beings, but is also aware of its deep flaws and chooses not to address them. Building on the vast literature on state crime together with case examples and interviews with activists seeking to abolish the death penalty, this book offers a new and innovative critique of state punishment in the US. It draws on a range of issues and topics such as arbitrariness, inadequate counsel, racial bias, mental illness, innocence, conditions on death row, the protocols, and the equipment used for executions. It emphasizes the need for abolition of the death penalty and highlights efforts being made to do so, with a focus on successful elements of abolition campaigns. The Death Penalty as State Crime is essential reading for all those engaged with capital punishment, human rights, and state crime, and will be of interest to criminologists, sociologists, legal scholars and political scientists alike.
Download or read book Questioning Capital Punishment written by James R. Acker and published by Routledge. This book was released on 2014-06-13 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, Questioning Capital Punishment offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and normative perspectives about death penalty policies and practices. This book is ideal for upper-level undergraduate and graduate classes in criminal justice.
Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Download or read book What Does Risk Mean in This New Risky Space Business written by Maria-Vittoria “Giugi” Carminati and published by BRILL. This book was released on 2019-10-14 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: In What Does Risk Mean in this New “Risky Space Business”?, Dr. Carminati offers a first-of-its-kind analysis of US tort law as it applies to commercial spaceflight operations, including an in-depth review of pre-emption, federal cross-waivers, and state tort defenses.
Download or read book Suicide Century written by Andrew Bennett and published by Cambridge University Press. This book was released on 2017-10-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suicide Century investigates suicide as a prominent theme in twentieth-century and contemporary literature. Andrew Bennett argues that with the waning of religious and legal prohibitions on suicide in the eighteenth and nineteenth centuries and the increasing influence of medical and sociological accounts of its causes and significance in the twentieth century, literature responds to the act and idea as an increasingly normalised but incessantly baffling phenomenon. Discussing works by a number of major authors from the long twentieth century, the book explores the way that suicide makes and unmakes subjects, assumes and disrupts meaning, induces and resists empathy, and insists on and makes inconceivable our understanding of ourselves and of others.
