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Rights, Wrongs and Responsibilities

2001-10-10 Philosophy
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Release : 2001-10-10
Genre : Philosophy
Kind : eBook
Book Rating : 633/5 ( reviews)

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Book Synopsis Rights, Wrongs and Responsibilities by : M. Kramer

Download or read book Rights, Wrongs and Responsibilities written by M. Kramer. This book was released on 2001-10-10. Available in PDF, EPUB and Kindle. Book excerpt: In this wide-ranging investigation of many prominent issues in contemporary legal and political philosophy, eight distinguished philosophers and legal theorists (including Matthew Kramer, Hillel Steiner, Antony Duff, Sandra Marshall, Wilfrid Waluchow, and Nicholas Bamforth) tackle issues such as the rights of animals and foetuses, the relationship between law and politics, the requirements of justice, the demands of practical rationality, the role of public-policy considerations in legal reasoning, the fundamental characteristics of legal and moral entitlements, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes. Together, the eight principal essays in Rights, Wrongs, and Responsibilities shed philosophical light on public law, criminal law, and most areas of private law as they explore the bearings of the three key concepts in the volume's title.

How Rights Went Wrong

2021 Law
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Release : 2021
Genre : Law
Kind : eBook
Book Rating : 116/5 ( reviews)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

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.

Rights and Responsibilities

1993 Abused children
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Release : 1993
Genre : Abused children
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Rights and Responsibilities by :

Download or read book Rights and Responsibilities written by . This book was released on 1993. Available in PDF, EPUB and Kindle. Book excerpt:

Private Law and the Value of Choice

2017-01-12 Law
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Release : 2017-01-12
Genre : Law
Kind : eBook
Book Rating : 83X/5 ( reviews)

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Book Synopsis Private Law and the Value of Choice by : Emmanuel Voyiakis

Download or read book Private Law and the Value of Choice written by Emmanuel Voyiakis. This book was released on 2017-01-12. Available in PDF, EPUB and Kindle. Book excerpt: Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.

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