Duty and Integrity in Tort Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Duty and Integrity in Tort Law PDF full book. Access full book title Duty and Integrity in Tort Law by Alan Calnan. Download full books in PDF and EPUB format.
Author: Alan Calnan
Publisher:
ISBN: 9781594606694
Category : Negligence
Languages : en
Pages : 0
Get Book
Book Description
Duty and Integrity in Tort Law is a comprehensive, versatile and revolutionary examination of the tort concept of duty. After tracing the historical evolution of tort law, Duty and Integrity analyzes the current approaches to tort duties, including the new approach offered by the authoritive Restatement (Third) of Torts. Unlike these approaches, which tend to focus exclusively on negligence duties, Duty and Integrity examines the role of duty in all three of tort law's theories of liability--intentional torts, strict liability and negligence--exposing the similarities and differences of these duties and suggesting grounds for their integration. Aside from its critical commentary, Duty and Integrity contains many important philosophical and pragmatic insights. It reveals the moral and political foundations of tort law and duty by offering accessible explorations of corrective justice, distributive justice, and liberalism. Because liberal justice requires coherence in law, Ronald Dworkin's acclaimed theory of "law as integrity" both frames and instructs the discussion. After explaining, critiquing, and endorsing a modified version of Dworkin's approach, the book presents a groundbreaking methodology called "duty as integrity" for resolving any tort duty question. To demonstrate the practicality of this approach, Duty and Integrity concludes by thoroughly applying the proposed methodology to a recent and controversial decision of an influential state supreme court. Given its broad intellectual scope, Duty and Integrity in Tort Law should appeal to legal and nonlegal academics and their students, as well as members of the legal community at large. Its transparent style makes it suitable both for advanced undergraduate or graduate classes on law, philosophy or polilitical science and for law school courses on torts, advanced torts, tort theory, jurisprudence, law and politics, law and policy, legal history, and many more.
Author: Alan Calnan
Publisher:
ISBN: 9781594606694
Category : Negligence
Languages : en
Pages : 0
Get Book
Book Description
Duty and Integrity in Tort Law is a comprehensive, versatile and revolutionary examination of the tort concept of duty. After tracing the historical evolution of tort law, Duty and Integrity analyzes the current approaches to tort duties, including the new approach offered by the authoritive Restatement (Third) of Torts. Unlike these approaches, which tend to focus exclusively on negligence duties, Duty and Integrity examines the role of duty in all three of tort law's theories of liability--intentional torts, strict liability and negligence--exposing the similarities and differences of these duties and suggesting grounds for their integration. Aside from its critical commentary, Duty and Integrity contains many important philosophical and pragmatic insights. It reveals the moral and political foundations of tort law and duty by offering accessible explorations of corrective justice, distributive justice, and liberalism. Because liberal justice requires coherence in law, Ronald Dworkin's acclaimed theory of "law as integrity" both frames and instructs the discussion. After explaining, critiquing, and endorsing a modified version of Dworkin's approach, the book presents a groundbreaking methodology called "duty as integrity" for resolving any tort duty question. To demonstrate the practicality of this approach, Duty and Integrity concludes by thoroughly applying the proposed methodology to a recent and controversial decision of an influential state supreme court. Given its broad intellectual scope, Duty and Integrity in Tort Law should appeal to legal and nonlegal academics and their students, as well as members of the legal community at large. Its transparent style makes it suitable both for advanced undergraduate or graduate classes on law, philosophy or polilitical science and for law school courses on torts, advanced torts, tort theory, jurisprudence, law and politics, law and policy, legal history, and many more.
Author: Gregory C. Keating
Publisher:
ISBN: 9780190867966
Category : Torts
Languages : en
Pages : 0
Get Book
Book Description
"The law of torts is fundamental. Any mature legal system must contain a body of law addressing what we owe in the way of obligations to respect each other's physical and psychological integrity, property, privacy, freedom of action, reputation, and so on. If people were free to injure and interfere with one another in any way that they wished, we would still be in a state of nature. Yet if the law of torts is fundamental, it is also elusive. One hundred and fifty years ago, Oliver Wendell Holmes opined that tort law was not "a proper subject for a law book." Holmes soon changed his mind, but to this day, leading torts scholars assert that the law of torts is so fundamentally fragmented that the only adequate way to describe the field is to say that it encompasses some civil wrongs that do not arise out of contract. This book argues that the law of torts is a fundamental legal institution because it establishes an essential form of justice among persons. Tort is about what it is that we owe to each other in the way of reciprocal responsibilities not to interfere with, or impair, essential interests that we possess simply because we are persons. Tort law's rhetoric of reasonableness thus reveals its fundamental moral commitment. Tort law seeks to impose responsibilities not to impair or interfere with each other's urgent interests on terms that are justifiable both to those protected, and to those burdened, by its terms"--
Author: Francis Hermann Bohlen
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 122
Get Book
Book Description
Author: Allan Beever
Publisher: Bloomsbury Publishing
ISBN: 1847316999
Category : Law
Languages : en
Pages : 372
Get Book
Book Description
Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.
Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0198705050
Category : Law
Languages : en
Pages : 577
Get Book
Book Description
This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
Author: Jane Wright
Publisher: Hart Publishing
ISBN: 1841130354
Category : Law
Languages : en
Pages : 245
Get Book
Book Description
About the impact of the ECHR on English Law.
Author: Mark Lunney
Publisher: Oxford University Press
ISBN: 0199211361
Category : Law
Languages : en
Pages : 1059
Get Book
Book Description
Each section begins with a clear overview of the key points of the law, before fully explaining and illustrating the topic through substantial case extracts and further commentary."--BOOK JACKET.
Author: Sarah Green
Publisher: Bloomsbury Publishing
ISBN: 1509971866
Category : Law
Languages : en
Pages : 811
Get Book
Book Description
The 2nd edition of Green and Gardner's Tort Law textbook provides students with a clear overview of tort law with focus and precision. It includes clear explanations of core legal principles and recent legal developments with lively discussions of key academic perspectives. Extended problem questions, flowcharts and relatable examples help students to understand how law works in a practical context and prepares them for success in assignments and exams. Engaging pedagogical features, such as 'Viewpoint' and 'Making Connections', encourage students to develop their own critical thinking practice and appreciate how tort law interacts with other areas of the core law curriculum. Practical and student-friendly with engaging visual features, Tort Law is an essential companion for all undergraduate tort law modules, for students of all abilities. Accompanying online resources for this title can be found at bloomsbury.pub/tort-law-2e. These resources are designed to support teaching and learning when using this textbook and are available at no extra cost.
Author: Rosamund Scott
Publisher: Hart Publishing
ISBN: 1841131342
Category : Health & Fitness
Languages : en
Pages : 475
Get Book
Book Description
This book addresses the law and ethics concerning a pregnant woman's refusal of medical treatment needed by the fetus she carries. In England and some U.S. states a pregnant woman can now refuse such treatment. Nevertheless, courts have acknowledged the residual ethical dilemmas, sometimes adverting to the inappropriateness here of legal compulsion of presumed moral duties. This leaves the impression of an uncomfortable split between the ethics and the law. This study seeks to explain and justify a pregnant woman's legal right to refuse medical treatment and thus resolve, so far as possible, the surrounding ethical, legal and social tensions. The idea of day-to-day maternal conduct which may cause prenatal harm is also touched upon. Innovatively, the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship the author explores the relevant English, American and some Canadian arguments from the law of treatment refusal, abortion, tort and rescue.
Author: Geoffrey Rapp
Publisher: Aspen Publishing
ISBN: 1543807828
Category : Law
Languages : en
Pages : 746
Get Book
Book Description
Tort doctrine is complex and nuanced on its own; a torts casebook that mystifies first year students will not help them develop the core skill of legal analysis. Tort Law in Focus presents concepts in a way that students can understand and apply. Rather than hide the ball, Geoffrey Rapp explains new terms clearly, and guides students in the specific techniques of applying tort law to practice-based problems. Along with concrete examples, Tort Law in Focus provides clear and thorough introductions to those areas of tort law (such as proximate cause under the dominant and new Restatement approaches; res ipsa; factual cause, including but-for cause and alternatives in special cases like indivisible injuries and alternative causes; the duty of owners and occupiers of land; and comparative negligence) that are especially challenging for first-year law students. Professors and Students Will Benefit From: Clear introductions and transitional text that frame key rules, concepts, and cases A wide selection of modern, high-interest cases that apply dominant legal rules, and which, where possible, interpret and apply the Restatement (Third) Summaries and discussion of canonical cases that convey the history and context of modern tort law Examples, flow charts and maps that illustrate concepts, rules, and the relationships among parties and interests Consistent use of problems that encourage students to implement “IRAC” (or equivalent) strategies for structuring their analysis Samples of documents commonly used in tort law practice, such as demand letters and complaints
