Download or read book Risks and Legal Theory written by Jenny Steele and published by Hart Publishing. This book was released on 2004-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual place of risk across a number of fields of law.
Download or read book Risks and Legal Theory written by Jenny Steele (Law teacher) and published by . This book was released on 2004 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jenny Steele argues that ideas about risk and most areas of the law, whilst of interest to the legal profession, have not been widely addressed. The author explores the conceptual place of risk across a number of different fields of law.
Download or read book Risks and Wrongs written by Jules L. Coleman and published by Oxford University Press, USA. This book was released on 1992 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional rational choice liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.
Download or read book Distributing Risk written by Kenneth S. Abraham and published by . This book was released on 1986 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Imposing Risk written by John Oberdiek and published by Oxford University Press. This book was released on 2017 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we impose risk upon others, what are we doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book constructs a normative framework of risk imposition to help answer these important and oft-ignored questions.
Download or read book Legal Theories written by Marett Leiboff and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Justice written by Barry E. Hill and published by Environmental Law Institute. This book was released on 2009 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental risks and harms affect certain geographic areas and populations more than others. The environmental justice movement is aimed at having the public and private sectors address this disproportionate burden of risk and exposure to pollution in minority and/or low-income communities, and for those communities to be engaged in the decision-making processes. Environmental Justice provides an overview of this defining problem and explores the growth of the environmental justice movement. It analyzes the complex mixture of environmental laws and civil rights legal theories adopted in environmental justice litigation. Teachers will have online access to the more than 100 page Teachers Manual.
Download or read book Handbook of Risk Theory written by Rafaela Hillerbrand and published by Springer Science & Business Media. This book was released on 2012-01-12 with total page 1209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk has become one of the main topics in fields as diverse as engineering, medicine and economics, and it is also studied by social scientists, psychologists and legal scholars. But the topic of risk also leads to more fundamental questions such as: What is risk? What can decision theory contribute to the analysis of risk? What does the human perception of risk mean for society? How should we judge whether a risk is morally acceptable or not? Over the last couple of decades questions like these have attracted interest from philosophers and other scholars into risk theory. This handbook provides for an overview into key topics in a major new field of research. It addresses a wide range of topics, ranging from decision theory, risk perception to ethics and social implications of risk, and it also addresses specific case studies. It aims to promote communication and information among all those who are interested in theoetical issues concerning risk and uncertainty. This handbook brings together internationally leading philosophers and scholars from other disciplines who work on risk theory. The contributions are accessibly written and highly relevant to issues that are studied by risk scholars. We hope that the Handbook of Risk Theory will be a helpful starting point for all risk scholars who are interested in broadening and deepening their current perspectives.
Download or read book Distributed Risk written by Kenneth S. Abraham and published by . This book was released on 1986 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Routledge Handbook of Socio Legal Theory and Methods written by Naomi Creutzfeldt and published by Routledge. This book was released on 2019-08-13 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Download or read book Handbook of Risk Theory written by Sabine Roeser and published by Springer Science & Business Media. This book was released on 2012 with total page 1209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk has become one of the main topics in fields as diverse as engineering, medicine and economics, and it is also studied by social scientists, psychologists and legal scholars. But the topic of risk also leads to more fundamental questions such as: What is risk? What can decision theory contribute to the analysis of risk? What does the human perception of risk mean for society? How should we judge whether a risk is morally acceptable or not? Over the last couple of decades questions like these have attracted interest from philosophers and other scholars into risk theory. This handbook provides for an overview into key topics in a major new field of research. It addresses a wide range of topics, ranging from decision theory, risk perception to ethics and social implications of risk, and it also addresses specific case studies. It aims to promote communication and information among all those who are interested in theoetical issues concerning risk and uncertainty. This handbook brings together internationally leading philosophers and scholars from other disciplines who work on risk theory. The contributions are accessibly written and highly relevant to issues that are studied by risk scholars. We hope that the Handbook of Risk Theory will be a helpful starting point for all risk scholars who are interested in broadening and deepening their current perspectives.
Download or read book Queering International Law written by Dianne Otto and published by Routledge. This book was released on 2017-07-14 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Download or read book Distributing Risk written by S. L. Kimball and published by . This book was released on with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Risk and the Law written by Gordon R. Woodman and published by Routledge Cavendish. This book was released on 2009 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural and man-made risks have long been recognised as vital conditioning factors in the formation of social institutions and the conduct of social life. In this volume internationally recognised experts examine in detail the implications in practice of the modern concept of risk in particular legal fields. The chapters explore the ways in which the law in its many branches can accommodate, manage and reduce the extent of risk in the modern "Risk Society", matters of pressing importance for the development of all branches of law in all jurisdictions. The fields of activity affected by the issues discussed include law, medicine, insurance, state security and public health. The collection also contributes to comparative legal studies in respect of risk and the law, presenting a perspective which has largely been neglected outside the works of general theory. Thus the topics considered range from the civil law of injuries in Germany and the food law of the European Union, through sales of goods, including international sales, in English, German and French law, to the English law of torts. Risk and the Law, written by specialists who are authorities in their fields, will be of interest to academics and students who are interested in new developments and ideas regarding the relationship between risk, law and social change in many different fields.
Download or read book Frontiers of Legal Theory written by Richard A. Posner and published by . This book was released on 2001-06-30 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies—the application of the social sciences and the humanities to law in the hope of making law less formalistic, more practical, better grounded empirically, bettered tailored to social goals. Judge Richard A. Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier. The book examines five principal areas or directions of interdisciplinary study: economics, history, psychology, the epistemology of law and the empirical study of law. These approaches are seen to interpenetrate and to compose a coherent body of legal theory—a unified framework for understanding such seemingly disparate phenomena as the economics of free speech, the intellectual history of economic analysis of law, the relation between income and liberty, the law of possession, the psychology of legal decisionmaking, the role of emotion in law, and the use of citation analysis to evaluate judges and law professors. The book carries on Posner’s project of analyzing the law as an institution of social governance.
Download or read book Towards a Socio Legal Theory of Contractual Risk written by Volkmar Gessner and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper deals with the risk of opportunism - the usual risk in economic exchanges. The breach of contract is probably the most common event in daily life and has therefore attracted research and debates in many disciplines of the social sciences. Our discussion deals with the current knowledge of the ways societies are coping with the risk of opportunism distinguishing between three approaches with ascending degrees of complexity: theories of institutional support of contractual exchanges, theories of relational trust, and theories of social systems of trust. As demonstrated in fig.1 these theories are chosen among many other competing approaches. Legal sociological knowledge rather than being replaced by institutional economics or economic sociology is a necessary and valuable ingredient for theories of contractual risk. Without our knowledge of the protection of property rights in a particular society, of choices made by business people or consumers between formal and informal modes of conflict resolution, of obstacles in court proceedings and of problems when a lawyer is consulted our neighbour disciplines come to either overoptimistic conclusions as regards institutional trust or to oversimplified models as regards personal trust and relationships.
