Recognizing wrongs / John C.P. Goldberg and Benjamin C. Zipursky.
2020
KF1250 .G649 2020 (Mapit)
On loan from Stacks, due 30. Jun 2025
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Details
Title
Recognizing wrongs / John C.P. Goldberg and Benjamin C. Zipursky.
Added Author
Imprint
Cambridge, Massachusetts : The Belknap Press of Harvard University Press, 2020.
Copyright
©2020
Description
380 pages ; 25 cm
Formatted Contents Note
I. Civil recourse
Civil wrongs and civil rights
Against the grain
Rules, duties, rights, and rights of action
The principle of civil recourse: a defense
Damages as redress
II. The wrongs of tort law
Moral luck, strict liability, and victim standing: three features of tortious wrongdoing
Dual instrumentalism
Dual constructivism
III. Wrongs and recourse in context
Civil recourse in the modern world
Applications: The duty of care, design defects, and internet libel
Conclusion: Recognizing wrongs.
Civil wrongs and civil rights
Against the grain
Rules, duties, rights, and rights of action
The principle of civil recourse: a defense
Damages as redress
II. The wrongs of tort law
Moral luck, strict liability, and victim standing: three features of tortious wrongdoing
Dual instrumentalism
Dual constructivism
III. Wrongs and recourse in context
Civil recourse in the modern world
Applications: The duty of care, design defects, and internet libel
Conclusion: Recognizing wrongs.
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KF1250 .G649 2020
Language
English
ISBN
9780674241701 hardcover
0674241703 hardcover
0674241703 hardcover
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