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Total Liability for Excessive Harm

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0006
Subject:
Law, Comparative Law

This chapter proposes a novel form of the negligence rule known as total liability for excessive harm to address situations in which several injurers cause harm and the court can verify the total ... More


Conclusion

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0013
Subject:
Law, Comparative Law

This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when ... More


Distributive Principles of Criminal Law: Who Should be Punished How Much

Paul H. Robinson

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.001.0001
Subject:
Law, Criminal Law and Criminology

The rules governing who will be punished and how much determine a society's success in two of its most fundamental functions: doing justice and protecting citizens from crime. Drawing from the ... More


Liability Externalities and Mandatory Choices

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0011
Subject:
Law, Comparative Law

This chapter introduces the general theory of liability externalities and applies it to mandatory choices. “Liability externality” refers to costs and benefits conveyed to others that market prices ... More


Excluding Fault from Criminal Responsibility: Strict and Vicarious Liability: Quasi-criminal or Regulatory Offences?

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0008
Subject:
Law, Legal History

In stark contrast with practically every other area of criminal law development during the 19th century, strict and vicarious liability were subject to scarcely any extrajudicial commentary or ... More


Crime and Punishment: A Concise Moral Critique

Hyman Gross

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral ... More


Philosophy of Private Law

William Lucy

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.001.0001
Subject:
Law, Philosophy of Law

On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we ... More


Caring for Children: Risks and Responsibilities in the Law of Tort

Jo Bridgeman

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0031
Subject:
Law, Family Law, Human Rights and Immigration

This chapter explores civil law responsibilities to children. First, it examines the nature, scope, and extent of the civil responsibilities of parents to children, then the professional ... More


The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

André Nollkaemper

in Compliance and the Enforcement of EU Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644735
eISBN:
9780191740695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644735.003.0006
Subject:
Law, EU Law, Public International Law

This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, ... More


European Tort Law

Cees van Dam

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.001.0001
Subject:
Law, EU Law

This is the first introductory text book to European tort law. It brings together national tort law, comparative law, European Union (EU) law, and human rights law, and provides insights into the ... More


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