Towards a Public Law of Tort 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 Towards a Public Law of Tort PDF full book. Access full book title Towards a Public Law of Tort by Tom Cornford. Download full books in PDF and EPUB format.
Author: Tom Cornford
Publisher: Routledge
ISBN: 1317009282
Category : Law
Languages : en
Pages : 278
Get Book Here
Book Description
Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.
Author: Tom Cornford
Publisher: Routledge
ISBN: 1317009282
Category : Law
Languages : en
Pages : 278
Get Book Here
Book Description
Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.
Author: John C. P. Goldberg
Publisher: Harvard University Press
ISBN: 0674246527
Category : Law
Languages : en
Pages : 393
Get Book Here
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: Julia Beckett
Publisher: M.E. Sharpe
ISBN: 0765628589
Category : Business & Economics
Languages : en
Pages : 234
Get Book Here
Book Description
Filled with practical tools and guidelines, this book addresses an essential competence for public managers - incorporating governance and law in public administration. It links democratic constitutional values to administrative decision making and practices by stressing how public law authorizes, informs, and democratically constrains public servants in fulfilling public policies. The author addresses important aspects of governance in chapters that discuss democratic values of the rule of law, constitutional law, legislation and policy, administrative law, judicial practice, contract law, and tort law. The book also considers the practical aspects of public management (such as tax collection, benefits administration, personnel administration, and more), with application guidelines and techniques based on thorough legal grounding.
Author: Kenneth D. Cooper-Stephenson
Publisher: Captus Press
ISBN: 9780921801870
Category : Damages
Languages : en
Pages : 448
Get Book Here
Book Description
Author: Marshall S. Shapo
Publisher:
ISBN: 9780835777612
Category :
Languages : en
Pages : 228
Get Book Here
Book Description
Author: Marshall S. Shapo
Publisher:
ISBN: 9780292780255
Category : Law
Languages : en
Pages : 203
Get Book Here
Book Description
Author: Duncan Fairgrieve
Publisher: British Institute for International & Comparative Law
ISBN:
Category : Law
Languages : en
Pages : 624
Get Book Here
Book Description
This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.
Author: Kit Barker
Publisher: Cambridge University Press
ISBN: 1107512727
Category : Law
Languages : en
Pages : 387
Get Book Here
Book Description
The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.
Author: James Gordley
Publisher: Cambridge University Press
ISBN: 1108835848
Category : Law
Languages : en
Pages : 735
Get Book Here
Book Description
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author: David M. Engel
Publisher: Stanford University Press
ISBN: 0804771200
Category : Law
Languages : en
Pages : 550
Get Book Here
Book Description
Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation. Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.
