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Author: Alan Calnan
Publisher:
ISBN: 9780890894736
Category : Torts
Languages : en
Pages : 0
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Book Description
A Revisionist History of Tort Law explodes the myths of modern tort historiography. It challenges both the methodology and the conclusions of Oliver Wendell Holmes, Jr., America's first and most influential tort historian. It contends that Holmes' jurisprudence corrupted his view of history, and that his historiography corrupted the outlook of his successors. Yet Revisionist History offers much more than simple deconstruction. It identifies the principles for historical analysis and uses those principles to propose a revolutionary new history of tort law. As a social science, history requires deep, comprehensive and unbiased investigation. Thus, Revisionist History does not trace the development of any specific tort doctrine. Rather, it uncovers the political, philosophical, social, and moral influences which gave the law its life. Moreover, this book does not simply reinterpret the law's primary sources. Instead, it marshals a vast array of secondary authorities which place those sources in context. Finally, Revisionist History does not set its focus on a single, isolated epoch. Rather, it traces the law's entire intellectual history -- from its earliest beginnings to its emergence in the modern era. Enriched by its broadened scope, A Revisionist History of Tort Law provides revelations about the law's past and opens insights into its present and future. It disproves the notion that early tort law was primitive and thoughtless, locating its origins in the intellectual revival of the twelfth century renaissance. It debunks the view that tort law fluctuated with changing notions of public policy, arguing, conversely, that the law's structure and content remained consistently grounded in classical principles of liberalism, naturalism, and rationalism. Finally, it refutes the theory that tort law switched from strict liability to liability based on fault, revealing instead a system remarkably steadfast in its commitment to the timeless dictates of reasonableness. "This book is highly recommended for all tort scholars, legal philosophers, and legal historians." -- Michael Rustad in The Law and Politics Book Review vol. 15, no. 5, May 2005 "...Intriguing, original..." -- Alberta Law Review
Author: Alan Calnan
Publisher:
ISBN: 9780890894736
Category : Torts
Languages : en
Pages : 0
Get Book Here
Book Description
A Revisionist History of Tort Law explodes the myths of modern tort historiography. It challenges both the methodology and the conclusions of Oliver Wendell Holmes, Jr., America's first and most influential tort historian. It contends that Holmes' jurisprudence corrupted his view of history, and that his historiography corrupted the outlook of his successors. Yet Revisionist History offers much more than simple deconstruction. It identifies the principles for historical analysis and uses those principles to propose a revolutionary new history of tort law. As a social science, history requires deep, comprehensive and unbiased investigation. Thus, Revisionist History does not trace the development of any specific tort doctrine. Rather, it uncovers the political, philosophical, social, and moral influences which gave the law its life. Moreover, this book does not simply reinterpret the law's primary sources. Instead, it marshals a vast array of secondary authorities which place those sources in context. Finally, Revisionist History does not set its focus on a single, isolated epoch. Rather, it traces the law's entire intellectual history -- from its earliest beginnings to its emergence in the modern era. Enriched by its broadened scope, A Revisionist History of Tort Law provides revelations about the law's past and opens insights into its present and future. It disproves the notion that early tort law was primitive and thoughtless, locating its origins in the intellectual revival of the twelfth century renaissance. It debunks the view that tort law fluctuated with changing notions of public policy, arguing, conversely, that the law's structure and content remained consistently grounded in classical principles of liberalism, naturalism, and rationalism. Finally, it refutes the theory that tort law switched from strict liability to liability based on fault, revealing instead a system remarkably steadfast in its commitment to the timeless dictates of reasonableness. "This book is highly recommended for all tort scholars, legal philosophers, and legal historians." -- Michael Rustad in The Law and Politics Book Review vol. 15, no. 5, May 2005 "...Intriguing, original..." -- Alberta Law Review
Author: Allan Beever
Publisher: Bloomsbury Publishing
ISBN: 1847315011
Category : Law
Languages : en
Pages : 562
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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: Paul Mitchell
Publisher: Cambridge University Press
ISBN: 0521768616
Category : Law
Languages : en
Pages : 385
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Book Description
The first historical treatment of tort law in England during a formative period of its development.
Author: Robert W. Kolb
Publisher: SAGE Publications
ISBN: 148338151X
Category : Business & Economics
Languages : en
Pages : 4074
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Book Description
Spans the relationships among business, ethics, and society by including numerous entries that feature broad coverage of corporate social responsibility, the obligation of companies to various stakeholder groups, the contribution of business to society and culture, and the relationship between organizations and the quality of the environment.
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 696
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Book Description
Author: Peter N. Stearns
Publisher: Routledge
ISBN: 1135916454
Category : History
Languages : en
Pages : 258
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Book Description
Americans have become excessively fearful, and manipulation through fear has become a significant problem in American society, with real impact on policy. By using data from 9/11, this book makes a distinctive contribution to the exploration of recent fear, but also by developing a historical perspective, the book shows how and why distinctive American fears have emerged over the past several decades.
Author: Robert W. Kolb
Publisher: SAGE Publications
ISBN: 1452265690
Category : Business & Economics
Languages : en
Pages : 2593
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Book Description
2008 Best Reference, Library Journal As a field of study, business ethics aims to specify the principles under which businesses must operate to behave ethically. Thus business ethics focuses on such issues as those that have recently attracted so much public scrutiny: executive compensation, honesty in accounting, transparency, treatment of stakeholders, and respect for the environment. These are, in fact, perennial questions that accompany the long history of human economic activity and that will also be present through an indeterminate future. The five volumes of this ultimate resource recognize the inherent unity between business ethics and business and society, that stems from their shared primary concern with value in commerce. This Encyclopedia spans the relationships among business, ethics, and society by including more than 800 entries that feature broad coverage of corporate social responsibility, the obligation of companies to various stakeholder groups, the contribution of business to society and culture, and the relationship between organizations and the quality of the environment. Key Features Embraces commerce in all of its ethical and social dimensions Offers comprehensive and fairly lengthy essays on such crucial topics as justice, freedom, stakeholder theory, and regulation Provides very brief essays that introduce important personages in the field, while other similarly brief entries explain the nature and function of various organizations Includes contributions from respected authorities in the fields of management, psychology, sociology, communication, political science, philosophy, and other related fields Cross-references to other entries in the Encyclopedia and includes a list of references and suggested readings for each article Key Themes Accounting Applied Ethics Corporate Management and the Environment Corporate Powers, Organization and Governance Corporations in the Social Sphere Customers and Consumers Economics and Business Employee Issues Environmental Thought, Theory, Regulation, and Legislation Ethical Thought and Theory Finance Gender, Age, Ethnicity, Diversity, and Sexual Preference Information Systems International Social and Ethical Issues Justice Legislation and Regulation Management Marketing Organizations Political Theory, Thought, and Policy Problematic Practices Rights The Encyclopedia of Business Ethics and Society is the premier reference tool for students, scholars, practitioners, and others interested in gaining knowledge of the role business plays with regard to the environment in which it exists—making it a must-have resource for all academic libraries.
Author: Dominick R. Vetri
Publisher: LexisNexis
ISBN:
Category : Law
Languages : en
Pages : 1328
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Book Description
Author: Stephen M. Feldman
Publisher: Springer
ISBN: 331956451X
Category : Political Science
Languages : en
Pages : 277
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Book Description
This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?
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.
