Philosophical Foundations Of Tort Law PDF Download
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Author | : David G. Owen |
Publisher | : |
Total Pages | : 528 |
Release | : 1995 |
Genre | : Law |
ISBN | : 019825847X |
Download Philosophical Foundations of Tort Law Book in PDF, ePub and Kindle
This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
Author | : John Oberdiek |
Publisher | : |
Total Pages | : 464 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 0198701381 |
Download Philosophical Foundations of the Law of Torts Book in PDF, ePub and Kindle
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Author | : Gerald J. Postema |
Publisher | : Cambridge University Press |
Total Pages | : 350 |
Release | : 2001-11-19 |
Genre | : Philosophy |
ISBN | : 1139441272 |
Download Philosophy and the Law of Torts Book in PDF, ePub and Kindle
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
Author | : James Penner |
Publisher | : OUP Oxford |
Total Pages | : 450 |
Release | : 2013-11-28 |
Genre | : Law |
ISBN | : 0191654523 |
Download Philosophical Foundations of Property Law Book in PDF, ePub and Kindle
Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.
Author | : Sean Coyle |
Publisher | : Bloomsbury Publishing |
Total Pages | : 244 |
Release | : 2004-04-22 |
Genre | : Law |
ISBN | : 1847310338 |
Download The Philosophical Foundations of Environmental Law Book in PDF, ePub and Kindle
Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such,'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature.
Author | : Ariel Porat |
Publisher | : Oxford University Press, USA |
Total Pages | : 236 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780198267973 |
Download Tort Liability Under Uncertainty Book in PDF, ePub and Kindle
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Author | : David Dyzenhaus |
Publisher | : Oxford University Press |
Total Pages | : 353 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198754523 |
Download Philosophical Foundations of Constitutional Law Book in PDF, ePub and Kindle
This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
Author | : George Letsas |
Publisher | : Oxford University Press, USA |
Total Pages | : 417 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198713010 |
Download Philosophical Foundations of Contract Law Book in PDF, ePub and Kindle
The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Author | : Deborah Hellman |
Publisher | : Philosophical Foundations of L |
Total Pages | : 306 |
Release | : 2013-10 |
Genre | : Law |
ISBN | : 0199664315 |
Download Philosophical Foundations of Discrimination Law Book in PDF, ePub and Kindle
Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
Author | : Rowan Cruft |
Publisher | : Oxford University Press |
Total Pages | : 721 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199688621 |
Download Philosophical Foundations of Human Rights Book in PDF, ePub and Kindle
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics