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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 374
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 374
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Author: Massachusetts
Publisher:
ISBN:
Category :
Languages : en
Pages : 2240
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Author: David Rosenberg (Professor of law)
Publisher: Harvard University Press
ISBN: 9780674390027
Category : Biography & Autobiography
Languages : en
Pages : 308
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Book Description
This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship. It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law. Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.
Author: Hugh Chisholm
Publisher:
ISBN:
Category : Encyclopedias and dictionaries
Languages : en
Pages : 2060
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Author:
Publisher:
ISBN:
Category : Encyclopedias and dictionaries
Languages : en
Pages : 1068
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 576
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Author: Brian Coote
Publisher: Bloomsbury Publishing
ISBN: 184731578X
Category : Law
Languages : en
Pages : 246
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Book Description
It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.
Author:
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ISBN:
Category : Courts
Languages : en
Pages : 1220
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Book Description
Vols. for 1933-1936 include "The Law journal supplement to the New Zealand law reports."
Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1108574432
Category : Law
Languages : en
Pages : 395
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Book Description
As the future of international law has become a growing site of struggle within and between powerful states, debates over the history of international law have become increasingly heated. International Law and the Politics of History explores the ideological, political, and material stakes of apparently technical disputes over how the legal past should be studied and understood. Drawing on a deep knowledge of the history, theory, and practice of international law, Anne Orford argues that there can be no impartial accounts of international law's past and its relation to empire and capitalism. Rather than looking to history in a doomed attempt to find a new ground for formalist interpretations of what past legal texts really mean or what international regimes are really for, she urges lawyers and historians to embrace the creative role they play in making rather than finding the meaning of international law.
Author: State Library of Massachusetts
Publisher:
ISBN:
Category :
Languages : en
Pages : 286
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