Download or read book Wrongs Harms and Compensation written by Adam Slavny and published by Oxford University Press. This book was released on 2023-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.
Download or read book Bloody Bioethics written by James Stacey Taylor and published by Routledge. This book was released on 2022-03-10 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to argue in favor of paying people for their blood plasma. It does not merely argue that offering compensation to plasma donors is morally permissible. It argues that prohibiting donor compensation is morally wrong—and that it is morally wrong for all of the reasons that are offered against allowing donor compensation. Opponents of donor compensation claim that it will reduce the amount and quality of plasma obtained, exploit and coerce donors, and undermine social cohesion. James Stacey Taylor argues that empirical evidence demonstrates that compensating plasma donors greatly increases the amount of plasma obtained with no adverse effects on the quality of the pharmaceutical products that are manufactured from it. Prohibiting compensation thus harms patients by reducing their access to the medicines they need. He also argues that it is the prohibition of compensation—not its offer—that exploits donors, fails to respect the moral need to secure a person’s authoritative consent to her treatment, and prevents donors from giving their informed consent to donate. Prohibiting compensation thus not only harms patients but also wrongs donors. Bloody Bioethics will appeal to researchers, advanced students, and medical professionals interested in bioethics, moral philosophy, and the moral limits of markets.
Download or read book Oxford Studies in Private Law Theory Volume I written by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller and published by Oxford University Press, USA. This book was released on 2021-01-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Download or read book Civil Wrongs and Justice in Private Law written by Paul B. Miller and published by Oxford University Press. This book was released on 2020-02-05 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.
Download or read book Historical Redress written by Richard Vernon and published by A&C Black. This book was released on 2012-07-12 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.
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 Philosophical Foundations of the Law of Torts written by John Oberdiek and published by . This book was released on 2014-02 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Download or read book Accidental Activists written by Celeste L. Arrington and published by Cornell University Press. This book was released on 2016-03-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government wrongdoing or negligence harms people worldwide, but not all victims are equally effective at obtaining redress. In Accidental Activists, Celeste L. Arrington examines the interactive dynamics of the politics of redress to understand why not. Relatively powerless groups like redress claimants depend on support from political elites, active groups in society, the media, experts, lawyers, and the interested public to capture democratic policymakers' attention and sway their decisions. Focusing on when and how such third-party support matters, Arrington finds that elite allies may raise awareness about the victims’ cause or sponsor special legislation, but their activities also tend to deter the mobilization of fellow claimants and public sympathy. By contrast, claimants who gain elite allies only after the difficult and potentially risky process of mobilizing societal support tend to achieve more redress, which can include official inquiries, apologies, compensation, and structural reforms.Arrington draws on her extensive fieldwork to illustrate these dynamics through comparisons of the parallel Japanese and South Korean movements of victims of harsh leprosy control policies, blood products tainted by hepatitis C, and North Korean abductions. Her book thereby highlights how citizens in Northeast Asia—a region grappling with how to address Japan’s past wrongs—are leveraging similar processes to hold their own governments accountable for more recent harms. Accidental Activists also reveals the growing power of litigation to promote policy change and greater accountability from decision makers.
Download or read book State Liability written by Carol Harlow and published by Clarendon Law Lectures. This book was released on 2004 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension oftortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court ofHuman Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.
Download or read book Oxford Studies in Political Philosophy Volume 10 written by DAVID. WALL SOBEL (STEVEN.) and published by Oxford University Press. This book was released on 2024-07-18 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the tenth volume of Oxford Studies in Political Philosophy. The series aims to publish some of the best contemporary work in the vibrant field of political philosophy and its closely related subfields, including jurisprudence, normative economics, political theory in political science departments, and just war theory.
Download or read book Unravelling Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2014-07-17 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Download or read book What s Wrong with Lookism written by Andrew Mason and published by Oxford University Press. This book was released on 2023-07-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: People are treated differently as a result of their looks. But when is appearance discrimination, or "lookism" as it is often called, morally objectionable? This issue is important for at least two reasons. First, the benefits that flow to people who are regarded as visually attractive are sizeable and are enjoyed in a number of contexts, including employment, personal relationships, education, politics, and the criminal justice system. Second, appearance discrimination is of moral interest not only in its own right, but also in terms of its connection to other forms of discrimination. Appearance norms, that is, norms concerning how we should look, often place greater burdens on disadvantaged groups. As a result, discrimination on the basis of appearance, when it rewards people who conform to these norms, may involve, or interact with, the effects of, wrongful discrimination on the basis of features other than appearance, in a way that aggravates existing injustices. What's Wrong with Lookism? examines the morality of appearance discrimination in three contexts: employment decisions; the choice of friends or romantic partners; and the everyday practice of judging and commenting upon people's looks. Andrew Mason develops a pluralist theory of what makes discrimination wrong that identifies three wrong-making features, namely, disrespect, deliberative unfairness, and contributing to unjust consequences, and demonstrates how the presence of one or more of these features in each of these contexts problematises the lookism that takes place in it.
Download or read book Vulnerability written by Catriona Mackenzie and published by Oxford University Press. This book was released on 2014 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume breaks new ground by investigating the ethics of vulnerability. Drawing on various ethical traditions, the contributors explore the nature of vulnerability, the responsibilities owed to the vulnerable, and by whom.
Download or read book SOU CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Birth Rights and Wrongs written by Dov Fox and published by Oxford University Press. This book was released on 2019-06-06 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen. Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn't want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren't innocent lapses or harmless errors. They're wrongs in need of rights. This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that: (1) deprive pregnancy or parenthood of people who set out to pursue them; (2) impose pregnancy or parenthood on those who tried to avoid these roles; or (3) confound efforts to have a child with or without certain genetic traits. This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.
Download or read book American Guy written by Saul Levmore and published by Oxford University Press. This book was released on 2014-08-04 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Guy examines American norms of masculinity and their role in the law, bringing a range of methodological and disciplinary perspectives to the intersection of American gender, legal, and literary issues. The collection opens with a set of papers investigating "American Guys" -- the heroic nonconformists and rugged individualists that populate much of American fiction. Diverse essays examine the manly men of Hemingway, Dreiser, and others, in their relation to the law, while also highlighting the underlying tensions that complicate this version of masculinity. A second set of papers examines "Outsiders" -- men on the periphery of the American Guys who proclaim a different way of being male. These essays take up counter-traditions of masculinity ranging from gay male culture to Philip Roth's portrait of the Jewish lawyer. American Guy, a follow-up to Subversion and Sympathy, edited by Alison L. LaCroix and Martha Nussbaum, aims at reinvigorating the law-and-literature movement through original, cross-disciplinary insights. It embraces a variety of voices from both within and outside the academy, including several contributions from prominent judges. These contributions are particularly significant, not only as features unique to the field, but also for the light they throw on the federal bench. In the face of a large body of work studying judicial conduct as a function of rigid commitment to ideology, American Guy shows a side of the judiciary that is imaginatively engaged, aware of cultural trends, and reflective about the wider world and the role of the of law in it.
