The Right to Civil Defense in Torts PDF Download
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Author: Alan Calnan
Publisher:
ISBN: 9781611634020
Category : Actions and defenses
Languages : en
Pages : 0
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Book Description
According to conventional wisdom, the tort system is a hallowed place where injured victims receive their venerable day in court so they can right the wrongs committed against them. Unfortunately, this assumption is not necessarily true. When first filed, every tort action actually begins as an aggressive, state-assisted assault upon the liberty of the accused. Until that action is backed by proof, it operates much like an unjustified criminal prosecution, wrongfully infringing the due process rights of those it places in legal jeopardy. The Right to Civil Defense in Torts explores this previously hidden but politically critical side of torts. Drawing upon a unique mixture of historical, doctrinal, statutory, and constitutional sources, Civil Defense reaches the explosive conclusion that civil defendants enjoy a fundamental right against tort litigation so long as it remains unsubstantiated. While this right to civil defense is honored in some tort suits, it is routinely violated in negligence cases, where plaintiffs may proceed without establishing probable cause for their actions. Civil Defense solves this problem by proposing a revolutionary prescreening procedure in all negligence litigation. By simultaneously exposing and strengthening torts' defensive protections, this book promises to discredit the prevailing one-dimensional conception of torts while laying the groundwork for a more robust, balanced, and multifaceted approach. Given the breadth of its analysis, Civil Defense should appeal to policymakers, academics, graduate and undergraduate students, and anyone interested in legal history, political theory, moral philosophy, and constitutional jurisprudence.
Author: Alan Calnan
Publisher:
ISBN: 9781611634020
Category : Actions and defenses
Languages : en
Pages : 0
Get Book
Book Description
According to conventional wisdom, the tort system is a hallowed place where injured victims receive their venerable day in court so they can right the wrongs committed against them. Unfortunately, this assumption is not necessarily true. When first filed, every tort action actually begins as an aggressive, state-assisted assault upon the liberty of the accused. Until that action is backed by proof, it operates much like an unjustified criminal prosecution, wrongfully infringing the due process rights of those it places in legal jeopardy. The Right to Civil Defense in Torts explores this previously hidden but politically critical side of torts. Drawing upon a unique mixture of historical, doctrinal, statutory, and constitutional sources, Civil Defense reaches the explosive conclusion that civil defendants enjoy a fundamental right against tort litigation so long as it remains unsubstantiated. While this right to civil defense is honored in some tort suits, it is routinely violated in negligence cases, where plaintiffs may proceed without establishing probable cause for their actions. Civil Defense solves this problem by proposing a revolutionary prescreening procedure in all negligence litigation. By simultaneously exposing and strengthening torts' defensive protections, this book promises to discredit the prevailing one-dimensional conception of torts while laying the groundwork for a more robust, balanced, and multifaceted approach. Given the breadth of its analysis, Civil Defense should appeal to policymakers, academics, graduate and undergraduate students, and anyone interested in legal history, political theory, moral philosophy, and constitutional jurisprudence.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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: Texas
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
Author: Albert A. Ehrenzweig
Publisher: Univ of California Press
ISBN: 0520350154
Category : Law
Languages : en
Pages : 104
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Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Author: Stuart M. Speiser
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 1190
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Book Description
Author: John C. P. Goldberg
Publisher: Belknap Press
ISBN: 0674241703
Category : Torts
Languages : en
Pages : 393
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Book Description
"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--
Author: Ernest J. Weinrib
Publisher: OUP Oxford
ISBN: 019163638X
Category : Law
Languages : en
Pages : 368
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Book Description
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.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1508
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Book Description
Author: Andrew Dyson
Publisher: Bloomsbury Publishing
ISBN: 1782255427
Category : Law
Languages : en
Pages : 378
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Book Description
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
