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Author: Willem H. van Boom
Publisher: Springer
ISBN: 9783211998830
Category : Law
Languages : en
Pages : 0
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Book Description
Here is a systematic analysis of the interaction of administrative law and tort law. The focus is mainly on safety regulations and provisions aimed at environmental protection. There are reports from the European Union, Norway, Switzerland and the USA, as well as three special reports from the perspectives of administrative and regulatory law and of insurance. An economic analysis is included. The results are summarized in a comparative report, followed by conclusions.
Author: Willem H. van Boom
Publisher: Springer
ISBN: 9783211998830
Category : Law
Languages : en
Pages : 0
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Book Description
Here is a systematic analysis of the interaction of administrative law and tort law. The focus is mainly on safety regulations and provisions aimed at environmental protection. There are reports from the European Union, Norway, Switzerland and the USA, as well as three special reports from the perspectives of administrative and regulatory law and of insurance. An economic analysis is included. The results are summarized in a comparative report, followed by conclusions.
Author: Jonas Knetsch
Publisher: Kluwer Law International B.V.
ISBN: 940353575X
Category : Law
Languages : en
Pages : 310
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Marc Kruithof
Publisher: Kluwer Law International B.V.
ISBN: 9403500646
Category : Law
Languages : en
Pages : 174
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Belgium. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Belgium. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author: Donal Nolan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In this paper I consider the many and varied ways in which the law of tort interacts with regulatory law (by which I mean mandatory regulatory norms, rather than voluntary codes of practice and the like). Examples of these interactions include (1) the indirect influence of regulatory norms on substantive tort law, whereby for example regulatory norms inform decisions on breach of duty in negligence or substantial interference in private nuisance; (2) the more direct influence of regulatory norms on tort via mechanisms such as a tort of breach of statutory duty, a doctrine of negligence per se, a regulatory compliance defence or a rule of regulatory pre-emption; and (3) various other forms of potential or actual interaction. Although I draw on all areas of tort law in the paper, my particular focus is on the law of negligence, the law of private nuisance and the law of product liability. The overall message of the paper is twofold: first, that the relationship between tort and regulation is complex and multifaceted; and second, that as a matter of general principle tort law should not automatically defer to regulatory norms and outcomes but should instead incorporate them into its own analytical frameworks.
Author: John C. P. Goldberg
Publisher: Harvard University Press
ISBN: 0674246527
Category : Law
Languages : en
Pages : 393
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Book Description
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.
Author: Keith N. Hylton
Publisher: Cambridge University Press
ISBN: 1316598497
Category : Law
Languages : en
Pages : 465
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Book Description
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
Author: Carl F. Cranor
Publisher: Cognella Academic Publishing
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Why can an individual who was found not guilty in criminal court be made to pay damages in a tort case? What is administrative or regulatory law? And how and why are different facets of the legal system so complex, nuanced, and different from each other? Understanding Aspects of the Law: A Guide to Criminal, Tort, and Regulatory Law helps students better understand how the areas of criminal law, tort or personal injury law, and regulatory or administrative law function, as well as the strengths and shortcomings of each. The opening chapter examines features of criminal law, elements of a criminal offense, breach of legal duty, the voluntary act requirement, the guilty mind, and strict liability. Additional chapters address criminal homicide, the insanity defense, the elements of a tort offense, the requirements for causation and proximate causation, product liability, and ultrahazardous activities. Students learn about the differences between criminal law and torts, environmental health laws, rights protection under administrative laws, sanctions, political pressures, and more. Throughout the book, excerpts from court cases help students better understand specific areas of the law. Understanding Aspects of the Law is an illuminating and essential resource for courses and programs in law, as well as legal and moral philosophy.
Author: Roger Brownsword
Publisher: Oxford University Press
ISBN: 0191502235
Category : Law
Languages : en
Pages : 1342
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Book Description
The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.
Author: Carl F. Cranor
Publisher: Oxford University Press
ISBN: 019534491X
Category : Science
Languages : en
Pages : 273
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Book Description
The proliferation of chemical substances in commerce poses scientific and philosophical problems. The scientific challenge is to develop data, methodologies, and techniques for identifying and assessing toxic substances before they cause harm to human beings and the environment. The philosophical problem is how much scientific information we should demand for this task consistent with other social goals we might have. In this book, Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment, to argue that the scientific evidential standards used in tort law and administrative law to control toxics ought to be evaluated with the purposes of the law in mind. Demanding too much for this purpose will slow the evaluation and lead to an excess of toxic substances left unidentified and unassessed, thus leaving the public at risk. Demanding too little may impose other costs. An appropriate balance between these social concerns must be found. Justice requires we use evidentiary standards more appropriate to the legal institutions in question and resist the temptation to demand the most intensive scientific evaluation of each substance subject to legal action.
