TORT LAW AND THE LEGISLATURE COMMON LAW STATUTE AND THE DYNAMICS OF LEGAL CHANGE

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Tort Law And The Legislature

Author : T T Arvind
ISBN : 9781782250555
Genre : Law
File Size : 76.73 MB
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The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
Category: Law

Tort Law And The Legislature

Author : T. T. Arvind
ISBN : 1849461406
Genre : Law
File Size : 48.84 MB
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"The papers in this book were initially presented at a workshop held at York Law School in May 2011" --p. [vii].
Category: Law

Feminist Perspectives On Tort Law

Author : Janice Richardson
ISBN : 9781136335358
Genre : Law
File Size : 36.83 MB
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Feminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law. Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..
Category: Law

Tort Law Challenging Orthodoxy

Author : Stephen G A Pitel
ISBN : 9781782252498
Genre : Law
File Size : 55.45 MB
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In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.
Category: Law

Die Analogie

Author : Douglas Hofstadter
ISBN : 9783608106664
Genre : Political Science
File Size : 27.32 MB
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Sie steigen in einen Aufzug, mit dem Sie noch nie zuvor gefahren sind. Wissen Sie, was Sie tun müssen, um nach oben zu kommen? Natürlich – und der Grund dafür sind die Analogien: Der Aufzug funktioniert wie alle anderen Aufzüge. Alles, was wir wissen, setzen wir in Beziehungen und schaffen es dadurch, Ähnlichkeiten zu entdecken, uns im Chaos der Welt zurechtzufinden. Diese Ähnlichkeiten machen wir uns täglich und meist ganz unbewusst im Umgang mit Neuem und Fremdem zunutze. Wie dieses Feuerwerk des Denkens »funktioniert«, das zeigen Douglas Hofstadter, brillanter Autor und Pulitzer-Preisträger, und der Psychologe Emmanuel Sander. Sie nehmen uns mit auf eine abenteuerliche Reise in die Welt der Sprache und des Geistes – und sie zeigen uns, warum Gedanken ohne Einfluss der Vergangenheit undenkbar sind. Ein inspirierendes Lesevergnügen!
Category: Political Science

Tort Law Defences

Author : James Goudkamp
ISBN : 9781782253501
Genre : Law
File Size : 41.29 MB
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The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
Category: Law

The Origins Of Modern Financial Crime

Author : Sarah Wilson
ISBN : 9781136237737
Genre : Law
File Size : 45.58 MB
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The recent global financial crisis has been characterised as a turning point in the way we respond to financial crime. Focusing on this change and ‘crime in the commercial sphere’, this text considers the legal and economic dimensions of financial crime and its significance in societal consciousness in twenty-first century Britain. Considering how strongly criminal enforcement specifically features in identifying the post-crisis years as a ‘turning point’, it argues that nineteenth-century encounters with financial crime were transformative for contemporary British societal perceptions of ‘crime’ and its perpetrators, and have lasting resonance for legal responses and societal reactions today. The analysis in this text focuses primarily on how Victorian society perceived and responded to crime and its perpetrators, with its reactions to financial crime specifically couched within this. It is proposed that examining how financial misconduct became recognised as crime during Victorian times makes this an important contribution to nineteenth-century history. Beyond this, the analysis underlines that a historical perspective is essential for comprehending current issues raised by the ‘fight’ against financial crime, represented and analysed in law and criminology as matters of enormous intellectual and practical significance, even helping to illuminate the benefits and potential pitfalls which can be encountered in current moves for extending the reach of criminal liability for financial misconduct. Sarah Wilson’s text on this highly topical issue will be essential reading for criminologists, legal scholars and historians alike. It will also be of great interest to the general reader. The Origins of Modern Financial Crime was short-listed for the Wadsworth Prize 2015.
Category: Law

Juristische Logik

Author : Ulrich Klug
ISBN : 9783642499432
Genre : Law
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Category: Law