A Modern View Of The Law Of Torts

A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits. This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts. Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence. This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.

This book modernizes the traditional tort law textbook by combining in-depth analysis of policy with detailed discussion of legal doctrine.

"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"--

Modern Tort Law is a comprehensive, accessible and up-to-date introduction to the law of torts. Now in its seventh edition, Vivienne Harpwood’s popular, student-friendly text explains the principles of all aspects of tort law in a lively and thought-provoking manner. The broad coverage of modern tort law makes this an ideal textbook for any undergraduate tort law course. Students are encouraged to understand and apply the principles of tort law effectively throughout and particular attention is paid to the context within which the law is evolving, making these topics both accessible and enjoyable. This seventh edition has been revised and updated to take into account developments since publication of the previous edition including in the areas of privacy, negligence, personal injury and defamation. Human Rights issues are integrated throughout the text rather than treating the topic in isolation, in line with the way the subject is commonly taught. Now more accessible and student-friendly, it includes: advice on further reading at the end of each chapter which is intended to point students towards sources of further study and critical debate new chapter introductions, rewritten to reflect learning outcomes. Modern Tort Law is now supported by a Companion Website which offers lecturer resources available to adopters of the book, including ‘think points’ designed to encourage reflection and debate and PowerPoints of diagrams and flowcharts contained within the text. A dedicated student section also offers weblinks, a guide to key Tort law cases, a flashcard glossary and a test bank of multiple choice questions.

This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Bringing new institutional, feminist, & critical perspectives on the torts systems to this thorough revision of his successful reader, renowned torts scholar Robert Rabin gives your students interesting insight into the wide variety of views of modern tort law. Drawing on the most intellectually interesting contributions to literature, the new edition continues to offer a balance between classic articles by Oliver Wendell Holmes, Richard A. Posner, & Guido Calabresi, & contemporary selections focusing on new perspectives. The new perspectives include: institutional ("Expanding the Negligence Concept: Retreat from the Rule of Law" by James A. Henderson, Jr.) feminist ("Women, Mothers, & the Law of Fright" by Martha Chamallas with Linda K. Kerber) critical ("A Critique of Torts" by Richard L. Abel) The Fourth Edition also features a new chapter covering damages. Other changes include adding the role of liability insurance in tort litigation to the final chapter on no-fault alternatives to the present system. PERSPECTIVES ON TORT LAW, Fourth Edition, opens with four chapters on the rationale, history, process, & doctrine of tort law. Five subsequent chapters focus on the continuing process of reevaluation & change, including historical, moral, economic, & other perspectives. Whether you use this affordable paperback as a supplement to your torts seminar, you will want to incorporate Rabin's superb reader into your course. PERSPECTIVES ON TORT LAW, Fourth Edition, can give your students a deeper understanding of the torts process.