Punitive Damages: Common Law and Civil Law Perspectives PDF Download
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Author: Helmut Koziol
Publisher: Springer
ISBN: 9783709109649
Category : Law
Languages : en
Pages : 0
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Book Description
With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Author: Helmut Koziol
Publisher: Springer
ISBN: 9783709109649
Category : Law
Languages : en
Pages : 0
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Book Description
With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Author: Mauro Bussani
Publisher: Oxford University Press
ISBN: 019536838X
Category : Law
Languages : en
Pages : 297
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Book Description
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Author: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 579
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Book Description
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Author: John M. Church
Publisher: Vandeplas Pub.
ISBN: 9781600420443
Category : Liability (Law)
Languages : en
Pages : 0
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Book Description
The primary objective of this work is a study of tort law in the United States and Louisiana. It differs from most other torts casebooks, however, in that it has a secondary objective of providing an exercise in comparative law. In the United States, we often overlook the fact that the common law system that prevails in our nation is not the only legal system in the world. Much of the world applies a civil law approach in which a civil code has a more prominent role than case law. In a world in which trade and economics, politics, and law cross national borders, it has become increasingly important to be aware of and conversant in other nations' legal systems. Louisiana, the only state in the United States that can be described as a mixed jurisdiction, using both civil law and common law, provides an excellent model for examining and comparing and contrasting civil law and common law approaches to various legal issues.This book invites the reader to both study tort law and consider the differences and similarities between the common law states and a state that has a civil code and views the role of the courts and the legislature somewhat differently.
Author: James Gordley
Publisher: Cambridge University Press
ISBN: 1108835848
Category : Law
Languages : en
Pages : 735
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Book Description
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author: Daniel P. Kessler
Publisher: University of Chicago Press
ISBN: 0226432181
Category : Business & Economics
Languages : en
Pages : 344
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Book Description
The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Author: Lei Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204873
Category : Law
Languages : en
Pages : 577
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Book Description
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Author: William Eves
Publisher: Cambridge University Press
ISBN: 1108960448
Category : History
Languages : en
Pages : 349
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Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Author: Peter Cane
Publisher: Bloomsbury Publishing
ISBN: 1847310265
Category : Law
Languages : en
Pages : 316
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Book Description
Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.
Author: G. Edward White
Publisher: Oxford University Press, USA
ISBN: 9780195139655
Category : History
Languages : en
Pages : 428
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Book Description
G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
