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Non-Combatant Liability in War*

Helen Frowe

in How We Fight: Ethics in War

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199673438
eISBN:
9780191751707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673438.003.0010
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The principle of non-combatant immunity (PNI) holds that it is impermissible to intentionally target non-combatants in war, even if they belong to the ‘unjust side’ of a war. This principle is ... More


The Core Case of Criminalization

Victor Tadros

in Wrongs and Crimes

Published in print:
2016
Published Online:
February 2017
ISBN:
9780199571376
eISBN:
9780191837999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571376.003.0009
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter develops the case for criminalization that is offered for core cases of serious wrongdoing, such as murder, rape, and serious assaults. It argues that the main aim of criminalization is ... More


Defenses and Claims of Immunity

James T. O’Reilly and Margaret S. P. Chalmers

in The Clergy Sex Abuse Crisis and the Legal Responses

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199937936
eISBN:
9780199350209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199937936.003.0014
Subject:
Law, Criminal Law and Criminology, Private International Law

Churches in the past had a form of immunity under civil tort law, but sex abuse cases against churches often prevailed over such claims made today. The First Amendment shield for religious belief ... More


Principles Underlying the Recognition of the Grounds of Restitution

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0006
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses the main grounds of restitution for purposes of establishing liability for unjust enrichment. Every ground of restitution can be explained by reference to at least one of three ... More


Compensation as a Tort Norm

Mark A. Geistfeld

in Philosophical Foundations of the Law of Torts

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198701385
eISBN:
9780191770654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701385.003.0004
Subject:
Law, Philosophy of Law, Law of Obligations

The possibility that tort law can be justified by an abstract norm of compensation has been summarily dismissed by tort scholars. A compensatory norm would seem to justify the award of compensatory ... More


Tort Law and Public Functions

Peter Cane

in Philosophical Foundations of the Law of Torts

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198701385
eISBN:
9780191770654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701385.003.0008
Subject:
Law, Philosophy of Law, Law of Obligations

Mainstream theoretical accounts of the nature of tort law and tort liability, whether instrumentalist or non-instrumentalist, generally assume that both parties to a tort action are 'juridically ... More


Elbow Room for Rights

Eric Mack

in Oxford Studies in Political Philosophy, Volume 1

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199669530
eISBN:
9780191749377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669530.003.0009
Subject:
Philosophy, Political Philosophy, Moral Philosophy

If individuals possess robust rights over their own persons and legitimately acquired possessions does any action on the part of another person that has any physical effect on the right-holder or her ... More


What Is Corporate Law?

John Armour, Henry Hansmann, Reinier Kraakman, and Mariana Pargendler

in The Anatomy of Corporate Law: A Comparative and Functional Approach

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198739630
eISBN:
9780191837982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739630.003.0001
Subject:
Law, Company and Commercial Law

This chapter introduces the book’s analytic framework, which focuses on the common structure of corporate law across different jurisdictions as a response to fundamentally similar legal and economic ... More


Restitution for Equitable Wrongdoing

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0019
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter begins by explaining the rationale behind the award of gain-based remedies for equitable wrongdoing and the types of remedy available for equitable wrongdoing, which are account of ... More


Conclusion

Mike Redmayne

in Character in the Criminal Trial

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199228898
eISBN:
9780191746765
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228898.003.0013
Subject:
Law, Criminal Law and Criminology

The Conclusion starts by summarizing the book's main arguments and analysis. The notion of ‘character’ in law is controversial and raises many difficult theoretical and empirical questions, some of ... More


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