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Recognizing Wrongs

2020 Torts
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Release : 2020
Genre : Torts
Kind : eBook
Book Rating : 703/5 ( reviews)

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Book Synopsis Recognizing Wrongs by : John C. P. Goldberg

Download or read book Recognizing Wrongs written by John C. P. Goldberg. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: "Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--

Private Wrongs

2016-04-05 Law
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Release : 2016-04-05
Genre : Law
Kind : eBook
Book Rating : 805/5 ( reviews)

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Book Synopsis Private Wrongs by : Arthur Ripstein

Download or read book Private Wrongs written by Arthur Ripstein. This book was released on 2016-04-05. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

Recognizing Wrongs

2020-02-04 Law
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Release : 2020-02-04
Genre : Law
Kind : eBook
Book Rating : 527/5 ( reviews)

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Book Synopsis Recognizing Wrongs by : John C. P. Goldberg

Download or read book Recognizing Wrongs written by John C. P. Goldberg. This book was released on 2020-02-04. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Recognizing Resentment

2020-10-22 Philosophy
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Release : 2020-10-22
Genre : Philosophy
Kind : eBook
Book Rating : 662/5 ( reviews)

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Book Synopsis Recognizing Resentment by : Michelle Schwarze

Download or read book Recognizing Resentment written by Michelle Schwarze. This book was released on 2020-10-22. Available in PDF, EPUB and Kindle. Book excerpt: Innovative theory surrounding the liberal demand for sympathetic resentment, which entails a recognition of the political equality of victims of injustice.

Disability Rights and Wrongs

2006-12-05 Health & Fitness
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Release : 2006-12-05
Genre : Health & Fitness
Kind : eBook
Book Rating : 733/5 ( reviews)

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Book Synopsis Disability Rights and Wrongs by : Tom Shakespeare

Download or read book Disability Rights and Wrongs written by Tom Shakespeare. This book was released on 2006-12-05. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty years, the field of disability studies has emerged from the political activism of disabled people. In this challenging review of the field, leading disability academic and activist Tom Shakespeare argues that the social model theory has reached a dead end. Drawing on a critical realist perspective, Shakespeare promotes a pluralist, engaged and nuanced approach to disability. Key topics discussed include: dichotomies - the dangerous polarizations of medical model versus social model, impairment versus disability and disabled people versus non-disabled people identity - the drawbacks of the disability movement's emphasis on identity politics bioethics in disability - choices at the beginning and end of life and in the field of genetic and stem cell therapies care and social relationships - questions of intimacy and friendship. This stimulating and accessible book challenges orthodoxies in British disability studies, promoting a new conceptualization of disability and fresh research agenda. It is an invaluable resource for researchers and students in disability studies and sociology, as well as professionals, policy makers and activists.

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