A Comparative Study of Liability Law and Compensation Schemes in Ten Countries and the United States PDF Download
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Author: Werner Pfennigstorf
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 232
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Book Description
Author: Werner Pfennigstorf
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 232
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Book Description
Author: Dobrochna Bach-Golecka
Publisher: Springer Nature
ISBN: 3030670007
Category : Law
Languages : en
Pages : 458
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Book Description
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 110
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Book Description
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Author: Sheila Jasanoff
Publisher: University of Pennsylvania Press
ISBN: 1512803359
Category : Political Science
Languages : en
Pages : 312
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Book Description
Selected by Choice magazine as an Outstanding Academic Title The 1984 lethal gas leak at the Union Carbide pesticide plant in Bhopal, India, may be the most extensively studied industrial disaster in history. In a departure from earlier studies that have focused primarily on the causes of the catastrophe, Sheila Jasanoff and the contributors to this volume critically examine the consequences of the accident.
Author: John Fabian Witt
Publisher: Harvard University Press
ISBN: 0674045270
Category : Law
Languages : en
Pages : 322
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Book Description
In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation’s exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen’s organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen’s compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.
Author: J. M. Smits
Publisher: Edward Elgar Publishing
ISBN: 1781006105
Category : Law
Languages : en
Pages : 1025
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Book Description
Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Author: Lawrence M Friedman
Publisher: Routledge
ISBN: 0429723717
Category : Social Science
Languages : en
Pages : 173
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Book Description
Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.
Author: United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Consumer Affairs, Foreign Commerce, and Tourism
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 720
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Book Description
Author: Santo Davide Ferrara
Publisher: Springer
ISBN: 3319670921
Category : Medical
Languages : en
Pages : 643
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Book Description
This book describes the state of the art and future prospects of the most important bio-medicolegal subdisciplines in the post-genomic framework of personalized medicine. Focusing on the three main themes Innovation, Unitariness and Evidence, the book addresses a wide range of topics, including: Bio-Medicolegal and Criminological Sciences, Forensic Pathology and Anthropology, Clinical and Forensic Medicine in Living Persons (from Interpersonal Violence to Personal Injury and Damage, Malpractice, Personal Identification and Age Estimation), Forensic Genetics and Genomics, and Toxicology and Imaging. The unitariness of the “Bio-Medicolegal Sciences”, historically founded on the accuracy and rigor of the methods of ascertainment and criteria of evaluation, should be re-established on the basis of molecular evidence, and used to promote Personalized Justice. Taken together, the book’s conclusions and future perspectives outline a vision of transdisciplinary innovation and future evidence in the framework of personalized justice.
Author: Pat O'Malley
Publisher: Routledge
ISBN: 1351932411
Category : Law
Languages : en
Pages : 615
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Book Description
Contemporary law and government are increasingly characterized by a focus on risk. Fields such as health, psychiatry, criminal justice, vehicle safety, urban design and environmental governance all provide examples of settings in which problems are dealt with as risks. While risk has become more prominent, there have also been changes in the nature of risk techniques deployed. Whereas welfare states provided many services through socialized risk - such as social insurances covering health, employment and old age - increasing emphasis is now placed on individual risk management arrangements such as private insurance. In this environment, the positive side of risk has also been made more salient. Enterprise, innovation and risk-taking have become qualities valued, or even required, of current governance. In this volume, the most influential examinations and interpretations of this major trend have been brought together, in order to make clear the range and diversity, the spread and penetration of risk in contemporary societies.
