tort law and social morality

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Tort Law And Social Morality

Author : Peter M. Gerhart
ISBN : 9781139489218
Genre : Law
File Size : 66. 50 MB
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This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.

Property Law And Social Morality

Author : Peter M. Gerhart
ISBN : 9781107006454
Genre : Law
File Size : 57. 17 MB
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Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

Key Ideas In Tort Law

Author : Peter Cane
ISBN : 9781509909438
Genre : Law
File Size : 86. 96 MB
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This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people's behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort 'doctrine'-tort law's rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject. 'In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.' Andrew Robertson, Professor of Law, Melbourne Law School

The Anatomy Of Tort Law

Author : Peter Cane
ISBN : 9781901362091
Genre : Law
File Size : 71. 62 MB
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Responsibility In Law And Morality

Author : Peter Cane
ISBN : 9781841133218
Genre : Law
File Size : 65. 4 MB
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Lawyers who write about responsibility focus on criminal law at the expense of civil and public law. Philosophers tend to treat responsibility as a moral concept, and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally.

Moral Argument And Social Vision In The Courts

Author : Henry J. Steiner
ISBN : UCAL:B4372339
Genre : Law
File Size : 38. 36 MB
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In this book, the author examines the role of appellate courts in developing legal doctrine. He builds upon his analysis on the changes in the rules of tort accident law during the past thirty years to explore generally the structure of judicial argument.

The Philosophy Of Tort Law

Author : Izhak Englard
ISBN : STANFORD:36105044804420
Genre : Law
File Size : 33. 29 MB
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Markets Morals And The Law

Author : Jules L. Coleman
ISBN : 0199253609
Genre : Law
File Size : 81. 35 MB
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This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science. There are four sections in the book. The first offers anew version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigatingthem. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legaltheorists, political scientists, and economists.

Tort Theory

Author : Kenneth D. Cooper-Stephenson
ISBN : 0921801874
Genre : Law
File Size : 65. 36 MB
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Foundations Of Economic Analysis Of Law

Author : Steven Shavell
ISBN : 9780674043497
Genre : Law
File Size : 84. 49 MB
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In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

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