Recognizing Wrongs

Recognizing Wrongs

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  • Author: John C. P. Goldberg
  • Publisher: Harvard University Press
  • ISBN: 0674246527
  • Category : Law
  • Languages : en
  • Pages : 393

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.


Private Wrongs

Private Wrongs

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  • Author: Arthur Ripstein
  • Publisher: Harvard University Press
  • ISBN: 0674659805
  • Category : Law
  • Languages : en
  • Pages : 328

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 Resentment

Recognizing Resentment

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  • Author: Michelle Schwarze
  • Publisher: Cambridge University Press
  • ISBN: 1108478662
  • Category : Philosophy
  • Languages : en
  • Pages : 179

Innovative theory surrounding the liberal demand for sympathetic resentment, which entails a recognition of the political equality of victims of injustice.


Wrongs of Passage

Wrongs of Passage

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  • Author: Hank Nuwer
  • Publisher: Indiana University Press
  • ISBN: 025321498X
  • Category : Education
  • Languages : en
  • Pages : 360

Explores the problems of hazing and binge drinking at fraternities and sororities on American college campuses, telling the stories of some of the young people who have been seriously injured or died as a result of such behaviors; and offers a list of recommendations for reform.


Grandstanding

Grandstanding

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  • Author: Justin Tosi
  • Publisher:
  • ISBN: 0190900156
  • Category : Philosophy
  • Languages : en
  • Pages : 249

Why does talk about politics and moral issues tend to get so ugly, heated, and personal? So much public discussion goes awry because people are using it for the wrong reasons. Too often, especially online, people engage in moral grandstanding--they use moral talk to impress others by showing them they have the right views. Tosi and Warmke show why people behave this way, why it's wrong, and what we can do about it.


To Right Historical Wrongs

To Right Historical Wrongs

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  • Author: Carmela Murdocca
  • Publisher: UBC Press
  • ISBN: 0774824999
  • Category : Social Science
  • Languages : en
  • Pages : 281

Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.


Tort Theory

Tort Theory

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  • Author: Kenneth D. Cooper-Stephenson
  • Publisher: Captus Press
  • ISBN: 9780921801870
  • Category : Damages
  • Languages : en
  • Pages : 448


The Wrong of Injustice

The Wrong of Injustice

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  • Author: Mari Mikkola
  • Publisher: Oxford University Press
  • ISBN: 0190601086
  • Category : Computers
  • Languages : en
  • Pages : 297

The book offers a feminist examination of contemporary social injustices. It argues for a paradigm-shift away from feminist philosophy organized around the gender concept woman, and towards humanist feminism. The book further develops a notion of dehumanization that explicates social injustices, elucidates humanist feminism, and improves non-feminist analyses of injustice.


Corrective Justice

Corrective Justice

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  • Author: Ernest J. Weinrib
  • Publisher: Oxford University Press
  • ISBN: 0199660646
  • Category : Law
  • Languages : en
  • Pages : 365

Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.


Wrongs, Harms, and Compensation

Wrongs, Harms, and Compensation

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  • Author: Adam Slavny
  • Publisher: Oxford University Press
  • ISBN: 0192679767
  • Category : Law
  • Languages : en
  • Pages : 241

Non-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.