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Rules for Wrongdoers

Rules for Wrongdoers
Author: Arthur Ripstein
Publisher: Oxford University Press
Total Pages: 228
Release: 2021-03-04
Genre: Philosophy
ISBN: 0197553990

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Arthur Ripstein's lectures focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. Ripstein argues that recognizing both sets of rules as distinctive prohibitions, rather than as permissions, can reconcile the supposed tension between them. He contends that the law and morality of war are in fact aligned, because the central wrong of war is that war is the condition which force decides. In his first lecture, "Rules for Wrongdoers," he explains how moral principles governing an activity apply even to those who are not permitted to engage in them. In his second lecture, "Combatants and Civilians," he develops a parallel account of the distinction between combatants and civilians. The volume includes an introduction by editor Saira Mohamed and subsequent essays by commentators Oona A. Hathaway, Christopher Kutz, and Jeff McMahan. Rules for Wrongdoers represents a major statement on the ethics of war by one of the most distinguished thinkers in the field.


Rules for Wrongdoers

Rules for Wrongdoers
Author: Arthur Ripstein
Publisher: Oxford University Press
Total Pages: 241
Release: 2021
Genre: Just war doctrine
ISBN: 0197553974

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"Ripstein's lectures, which constitute the central texts of this book, focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. The lectures argue that both sets of rules constitute prohibitions rather than permissions, and that recognizing them as distinctive prohibitions can reconcile the seeming tension between them. By understanding that the central wrong of war is that war is the condition which force decides, Ripstein contends that the law and morality of war are in fact aligned; the rules governing the conduct of hostilities must apply equally to parties in the right and parties in the wrong in an armed conflict, because the prohibitions outlined in the rules governing war are prohibitions that restrain war. Ripstein's method of analysis and the substantive argument he puts forward offer an opportunity for rigorous critical engagement in subsequent essays by commentators Hathaway, Kutz, and McMahan, followed by a response from Ripstein"--


Remedies in Australian Private Law

Remedies in Australian Private Law
Author: Katy Barnett
Publisher: Cambridge University Press
Total Pages: 671
Release: 2018-08-07
Genre: Law
ISBN: 1108404758

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"[This book offers an] introduction to remedies and their functions under Australian law...[The] text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their application."--


Organizations as Wrongdoers

Organizations as Wrongdoers
Author: Stephanie Collins
Publisher: Oxford University Press
Total Pages: 209
Release: 2023-01-24
Genre: Philosophy
ISBN: 0192697714

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Organizations do moral wrong. States pursue unjust wars, businesses avoid tax, charities misdirect funds. Our social, political, and legal responses require guidance. We need to know what we're responding to and how we should respond to it. We need a metaphysical and moral theory of wrongful organizations. This book provides a new such theory, paying particular attention to questions that have been underexplored in existing debates. These questions include: where are organizations located as material objects in the natural world? What's the metaphysical relation between organizations and their members? Can organizations be blameworthy for attitudes and character traits, as well as for actions? What about feelings of guilt, remorse, and shame-can organizations feel these emotions and why does this matter? How and why are members implicated in organizations' wrongs? How should organizations' reparative costs be apportioned among members? The book provides provocative answers to these questions. It argues that organizations are material objects with humans as material parts - much like how a pizza is a material object with slices as material parts. This picture helps us make sense of organizations' blameworthiness, including blame for organization-level actions, attitudes, and character traits. What's more, organizations can experience moral self-awareness - a crucial component of guilt, remorse, and shame. Members can be implicated in organizations' actions in numerous ways - and, it is argued, members' level of implication should determine their share of organizations' reparative burdens.


The Law of Tracing

The Law of Tracing
Author: Lionel D. Smith
Publisher: Clarendon Press
Total Pages: 453
Release: 1997-07-24
Genre: Law
ISBN: 0191587036

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The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.


Remedies Cases and Materials in Australian Private Law

Remedies Cases and Materials in Australian Private Law
Author: Katy Barnett
Publisher: Cambridge University Press
Total Pages: 749
Release: 2023-01-31
Genre: Law
ISBN: 1108811973

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Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute.


Fraud and Risk in Commercial Law

Fraud and Risk in Commercial Law
Author: Paul S Davies
Publisher: Bloomsbury Publishing
Total Pages: 405
Release: 2024-08-08
Genre: Law
ISBN: 1509970770

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This book focuses on contemporary problems related to fraud and risk in commercial law. It has been said by some that we are in a 'golden age of fraud'. In part this has been caused by globalisation, technological changes and the financialisation of business. This has resulted in the creation of automated linkages with integrated supply chains and the creation of systemic risks, which have been exacerbated by new forms of intangible assets like tokens and their ease of movement. While regulation has ebbed and flowed given the desire of governments to generate economic growth, as well as the distrust of their coercive powers, the courts have sought to strike a balance between considerations such as commercial certainty and fairness. The book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and 'failure to prevent' economic crime, abuse of business entities, insolvency and creditor protection, injunctions and other orders, cross-border issues, the relationship between regulation and private law, and solutions for policy makers.


Rights and Private Law

Rights and Private Law
Author: Donal Nolan
Publisher: Bloomsbury Publishing
Total Pages: 682
Release: 2011-12-02
Genre: Law
ISBN: 1847318525

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In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.


The Law of Torts

The Law of Torts
Author: Sir John William Salmond
Publisher:
Total Pages: 646
Release: 1916
Genre: Torts
ISBN:

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On the Wrong Side of The Law

On the Wrong Side of The Law
Author: Graham Smith
Publisher: Springer Nature
Total Pages: 227
Release: 2020-08-25
Genre: Social Science
ISBN: 3030482227

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This book, the first of a two volume study, provides an historical account of complaints against Metropolitan police officers between formation of the force in 1829 and codification of remedies for misconduct under the Police Act 1964. A complainant centred standpoint is developed to counteract the marginalization of the interests of victims, which is held to demonstrate that the drive for effective and efficient law enforcement has overshadowed the public interest in holding officers to account for misconduct. After officer accountability before the criminal courts diminished in the nineteenth century, missed opportunities to reform complaints procedures following commissions of inquiry in 1906-08, 1928 and 1960-62 are discussed. The second volume of the study, Combating Impunity: Complaints Against Metropolitan Police, 1964-2021, will examine the part played by complainants and civil society organisations in combating police impunity in the citizen oversight era.