Download or read book Maimonides and Contemporary Tort Theory written by Yuval Sinai and published by Cambridge University Press. This book was released on 2020-08-06 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maimonides lived in Spain and Egypt in the twelfth century, and is perhaps the most widely studied figure in Jewish history. This book presents, for the first time, Maimonides' complete tort theory and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new as well as religious and secular, Maimonides and Contemporary Tort Theory offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues that will be of interest to both religious and secular scholars. The authors mention several surprising points of similarity between certain elements of theories recently formulated by North American scholars and the Maimonidean theory. Alongside these similarities significant differences are also highlighted, some of them deriving from conceptual-jurisprudential differences and some from the difference between religious law and secular-liberal law.

Download or read book The Jewish Law Annual Volume 22 written by Benjamin Porat and published by Taylor & Francis. This book was released on 2023-12-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.

Download or read book Corrective Justice written by Ernest J. Weinrib and published by OUP Oxford. This book was released on 2012-09-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.

Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

Download or read book Uncertain Causation in Tort Law written by Miquel Martín-Casals and published by Cambridge University Press. This book was released on 2015-11-19 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Download or read book Foundations of Private Law written by James Gordley and published by OUP Oxford. This book was released on 2006-01-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

Download or read book Oxford Handbook of Epicurus and Epicureanism written by Phillip Mitsis and published by Oxford University Press. This book was released on 2020-07-16 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ancient Greek philosopher Epicurus (341-270 BCE), though often despised for his materialism, hedonism, and denial of the immortality of the soul during many periods of history, has at the same time been a source of inspiration to figures as diverse as Vergil, Hobbes, Thomas Jefferson, and Bentham. This volume offers authoritative discussions of all aspects of Epicurus's philosophy and then traces out some of its most important subsequent influences throughout the Western intellectual tradition. Such a detailed and comprehensive study of Epicureanism is especially timely given the tremendous current revival of interest in Epicurus and his rivals, the Stoics. The thirty-one contributions in this volume offer an unmatched resource for all those wishing to deepen their knowledge of Epicurus' powerful arguments about happiness, death, and the nature of the material world and our place in it. At the same time, his arguments are carefully placed in the context of ancient and subsequent disputes, thus offering readers the opportunity of measuring Epicurean arguments against a wide range of opponents--from Platonists, Aristotelians and Stoics, to Hegel and Nietzsche, and finally on to such important contemporary philosophers as Thomas Nagel and Bernard Williams. The volume offers separate and detailed discussions of two fascinating and ongoing sources of Epicurean arguments, the Herculaneum papyri and the inscription of Diogenes of Oenoanda. Our understanding of Epicureanism is continually being enriched by these new sources of evidence and the contributors to this volume have been able to make use of them in presenting the most current understanding of Epicurus's own views. By the same token, the second half of the volume is devoted to the extraordinary influence of Epicurean doctrines, often either neglected or misunderstood, in literature, political thinking, scientific innovation, personal conceptions of freedom and happiness, and in philosophy generally. Taken together, the contributions in this volume offer the most comprehensive and detailed account of Epicurus and Epicureanism available in English.

Download or read book The Oxford Handbook of Aquinas written by Brian Davies and published by Oxford University Press. This book was released on 2012-01-25 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Aquinas (1224/6-1274) lived an active, demanding academic and ecclesiastical life that ended while he was still comparatively young. He nonetheless produced many works, varying in length from a few pages to a few volumes. The present book is an introduction to this influential author and a guide to his thought on almost all the major topics on which he wrote. The book begins with an account of Aquinas's life and works. The next section contains a series of essays that set Aquinas in his intellectual context. They focus on the philosophical sources that are likely to have influenced his thinking, the most prominent of which were certain Greek philosophers (chiefly Aristotle), Latin Christian writers (such as Augustine), and Jewish and Islamic authors (such as Maimonides and Avicenna). The subsequent sections of the book address topics that Aquinas himself discussed. These include metaphysics, the existence and nature of God, ethics and action theory, epistemology, philosophy of mind and human nature, the nature of language, and an array of theological topics, including Trinity, Incarnation, sacraments, resurrection, and the problem of evil, among others. These sections include more than thirty contributions on topics central to Aquinas's own worldview. The final sections of the volume address the development of Aquinas's thought and its historical influence. Any attempt to present the views of a philosopher in an earlier historical period that is meant to foster reflection on that thinker's views needs to be both historically faithful and also philosophically engaged. The present book combines both exposition and evaluation insofar as its contributors have space to engage in both. This Handbook is therefore meant to be useful to someone wanting to learn about Aquinas's philosophy and theology while also looking for help in philosophical interaction with it.

Download or read book The Cambridge Companion to Judaism and Law written by Christine Hayes and published by Cambridge University Press. This book was released on 2017-02-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.

Download or read book Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

Download or read book The Abrahamic Religions a Very Short Introduction written by Charles L. Cohen and published by Oxford University Press, USA. This book was released on 2020-01-08 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the book of Genesis, God bestows a new name upon Abram--Abraham, a father of many nations. With this name and his Covenant, Abraham would become the patriarch of three of the world's major religions: Judaism, Christianity, and Islam. Connected by their mutual--if differentiated--veneration of the One God proclaimed by Abraham, these traditions share much beyond their origins in the ancient Israel of the Old Testament. This Very Short Introduction explores the intertwined histories of these monotheistic religions, from the emergence of Christianity and Islam to the violence of the Crusades and the cultural exchanges of al-Andalus. Each religion continues to be shaped by this history but has also reacted to the forces of modernity and politics. Movements such as the Reformation and that led by seventh-century Kharijites have emerged, intentioned to reform or restore traditional religious practice but quite different in their goals and effects. Relationships with states, among them Israel and Saudi Arabia, have also figured importantly in their development. The Abrahamic Religions: A Very Short Introduction brings these traditions together into a common narrative, lending much needed context to the story of Abraham and his descendants. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Download or read book Maimonides Ethics written by Raymond L. Weiss and published by University of Chicago Press. This book was released on 1991-10-25 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from the conference on Priority Issues, Publications Services distributes for the Australian Institution of Engineers. No index. Shows how the 12th-century Hebrew scholar integrated the philosophical systems of Athens and Jerusalem without violating the spirit of either or downplaying their essential incompatibility. Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book Philosophy of Religion written by Tim Bayne and published by Oxford University Press. This book was released on 2018 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the philosophy of religion? How can we distinguish it from theology on the one hand and the psychology/sociology of religious belief on the other? What does it mean to describe God as eternal? And should religious people want there to be good arguments for the existence of God, or is religious belief only authentic in the absence of these good arguments? In this Very Short Introduction Tim Bayne introduces the field of philosophy of religion, and engages with some of the most burning questions that philosophers discuss. Considering how religion should be defined, and whether we even need to be able to define it in order to engage in the philosophy of religion, he goes on to discuss whether the existence of God matters. Exploring the problem of evil, Bayne also debates the connection between faith and reason, and the related question of what role reason should play in religious contexts. Shedding light on the relationship between science and religion, Bayne finishes by considering the topics of reincarnation and the afterlife. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Download or read book Legal Directives and Practical Reasons written by Noam Gur and published by Oxford University Press, USA. This book was released on 2018-07-26 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes up a central question in jurisprudence: What difference can law make to normative reasons relevant to our actions? Following a critical examination of two competing models, an exclusionary model and a weighing model, Gur proposes a third way that aims to capture the strengths of both of these models while avoiding their pitfalls.

Download or read book Spirituality A Very Short Introduction written by Philip Sheldrake and published by OUP Oxford. This book was released on 2012-11-29 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been suggested that 'spirituality' has become a word that 'can define an era'. Why? Because paradoxically, alongside a decline in traditional religious affiliations, the growing interest in spirituality and the use of the word in a variety of contexts is a striking aspect of contemporary western cultures. Indeed, spirituality is sometimes contrasted attractively with religion, although this is problematic and implies that religion is essentially dogma, moralism, institutions, buildings, and hierarchies. The notion of spirituality expresses the fact that many people are driven by goals that concern more than material satisfaction. Broadly, it refers to the deepest values and sense of meaning by which people seek to live. Sometimes these values are conventionally religious. Sometimes they are associated with what is understood as 'the sacred' in a broader sense - that is, of ultimate rather than merely instrumental importance. This Very Short Introduction, written by one of the most eminent scholars and writers on spirituality, explores the historical foundations of the thought and considers how it came to have the significance it is developing today. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Download or read book Hostility to Hospitality written by Michael J. Balboni and published by Oxford University Press. This book was released on 2018-09-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spiritual sickness troubles American medicine. Through a death-denying culture, medicine has gained enormous power-an influence it maintains by distancing itself from religion, which too often reminds us of our mortality. As a result of this separation of medicine and religion, patients facing serious illness infrequently receive adequate spiritual care, despite the large body of empirical data demonstrating its import to patient meaning-making, quality of life, and medical utilization. This secular-sacred divide also unleashes depersonalizing, social forces through the market, technology, and legal-bureaucratic powers that reduce clinicians to tiny cogs in an unstoppable machine. Hostility to Hospitality is one of the first books of its kind to explore these hostilities threatening medicine and offer a path forward for the partnership of modern medicine and spirituality. Drawing from interdisciplinary scholarship including empirical studies, interviews, history and sociology, theology, and public policy, the authors argue for structural pluralism as the key to changing hostility to hospitality.

Download or read book The Oxford Handbook of the Economics of Religion written by Rachel M. McCleary and published by Oxford University Press. This book was released on 2011-01-27 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a one-of-kind volume bringing together leading scholars in the economics of religion for the first time. The treatment of topics is interdisciplinary, comparative, as well as global in nature. Scholars apply the economics of religion approach to contemporary issues such as immigrants in the United States and ask historical questions such as why did Judaism as a religion promote investment in education? The economics of religion applies economic concepts (for example, supply and demand) and models of the market to the study of religion. Advocates of the economics of religion approach look at ways in which the religion market influences individual choices as well as institutional development. For example, economists would argue that when a large denomination declines, the religion is not supplying the right kind of religious good that appeals to the faithful. Like firms, religions compete and supply goods. The economics of religion approach using rational choice theory, assumes that all human beings, regardless of their cultural context, their socio-economic situation, act rationally to further his/her ends. The wide-ranging topics show the depth and breadth of the approach to the study of religion.