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Foundations of Evidence Law

Alex Stein

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.001.0001
Subject:
Law, Philosophy of Law

This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. The book develops an ... More


Risks and Wrongs

Jules L. Coleman

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.001.0001
Subject:
Law, Law of Obligations, Philosophy of Law

This book is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The book approaches the subject from the ... More


Rawls's A Theory of Justice

John Finnis

in Human Rights and Common Good: Collected Essays Volume III

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580071
eISBN:
9780191729393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580071.003.0004
Subject:
Law, Philosophy of Law

This chapter is a summary and review of Rawls's book. It offers to identify the fundamental logical flaw at the book's heart: the assumption that if a principle would be rejected by the unbiased ... More


‘Negligence in the Air Will not Do’

Michael S. Moore

in Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199256860
eISBN:
9780191719653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256860.003.0007
Subject:
Law, Philosophy of Law

This chapter lays out the history and essential tenets of the risk theory. This is done in some detail because the theory has been the standard educated view on proximate causation within the ... More


Conceptual Problems in Applying the Harm-within-the-Risk Test to Crimes/Torts of Negligence

Michael S. Moore

in Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199256860
eISBN:
9780191719653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256860.003.0008
Subject:
Law, Philosophy of Law

This chapter argues that as applied to crimes and torts of negligence, the harm within the risk test is incoherent. This is because, first, negligence does not consist in the imposition of any single ... More


Social Visions and the Normative Basis of Risks

Alexander Somek

in Individualism: An Essay on the Authority of the European Union

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.003.0003
Subject:
Law, Philosophy of Law, EU Law

This chapter draws on an instance of risk regulation, namely tobacco control, in order to explain the growth of the community's legislative power on the basis of Article 95. It explains that it is no ... More


Normative Problems in Applying the Harm-within-the-Risk Test to Crimes/Torts of Negligence

Michael S. Moore

in Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199256860
eISBN:
9780191719653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256860.003.0009
Subject:
Law, Philosophy of Law

This chapter argues that as applied to crimes and torts of negligence, the harm within the risk test is morally undesirable. This is because negligence is the least culpable mental state on which ... More


The Descriptive Inaccuracy of the Harm-within-the-Risk Analysis as Measuring Proximate Causation

Michael S. Moore

in Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199256860
eISBN:
9780191719653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256860.003.0010
Subject:
Law, Philosophy of Law

This chapter argues that as applied to any crimes or torts, not just those of negligence, the harm within the risk test does not address the issues that tests of proximate causation do and should ... More


The Malodorous Vice

Alexander Somek

in Individualism: An Essay on the Authority of the European Union

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.003.0004
Subject:
Law, Philosophy of Law, EU Law

This chapter points out that the regulation of public health is, in some instances, intertwined with regulating morality owing to the association of health with perfection. The most recent history of ... More


Uncertainty and the Producer Strategy: The Case for Minimizing Type-ll Errors in Rational Risk Evaluation

K. Shrader-Frechette

in A Reader on Regulation

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198765295
eISBN:
9780191695292
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765295.003.0009
Subject:
Law, Philosophy of Law

In cases of uncertainty, choosing a maximin strategy typically minimizes public risk (to citizens) and maximizes industry risk (to those responsible for dangerous technology). But this raises the ... More


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