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Dimensions of Economic Theory and Policy: Essays for Anjan Mukherji

Krishnendu Ghosh Dastidar, Hiranya Mukhopadhyay, and Uday Bhanu Sinha (eds)

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198073970
eISBN:
9780199081615
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198073970.001.0001
Subject:
Economics and Finance, Microeconomics

Anjan Mukherji, arguably one of India's most distinguished economists, is known for his research on the stability of the Walrasian tatonnement, its relation to the weak axiom of revealed preference, ... More


Who Knew?: Responsibility Without Awareness

George Sher

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195389197
eISBN:
9780199866724
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389197.001.0001
Subject:
Philosophy, Moral Philosophy

To be responsible for their acts, agents must both act voluntarily and in some sense know what they are doing. Of these requirements, the voluntariness condition has been much discussed, but the ... More


Torts and Rights

Robert Stevens

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.001.0001
Subject:
Law, Law of Obligations

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This apparently simple proposition enables us to understand the law of torts (plural) as ... More


Negligence Per Se and Unaccounted Risks

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/9780691151595.003.0004
Subject:
Law, Comparative Law

This chapter considers cases of “negligence per se” and the problem of unaccounted risks. In general, breaching the statute constitutes “negligence per se.” When the injurer's breach of the statute ... 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


Punishment and Responsibility: Essays in the Philosophy of Law

H.L.A. Hart

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its ... More


Security: Politics, Humanity, and the Philology of Care

John T. Hamilton

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691157528
eISBN:
9781400846474
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157528.001.0001
Subject:
Literature, Criticism/Theory

From national security and social security to homeland and cyber-security, “security” has become one of the most overused words in culture and politics today. Yet it also remains one of the most ... More


Prices, Sanctions, and Discontinuities

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/9780691151595.003.0002
Subject:
Law, Comparative Law

This chapter considers a misalignment between the standards of care and damages due to a court's lack of information regarding causation. It first explains the distinction between prices and ... More


The Injurer’s Self-Risk Puzzle

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/9780691151595.003.0003
Subject:
Law, Comparative Law

This chapter considers a misalignment due to courts' ignorance of the injurer's self-risk when they set the standard of care. In setting the standards of care, courts consider the risks the injurer ... More


Lapses and Substitution

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/9780691151595.003.0005
Subject:
Law, Comparative Law

This chapter deals with lapses of attention, for example by a driver or a doctor, and explains how a negligence rule gives injurers an incentive to substitute activities with unavoidable accidents ... More


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


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


Negligence

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0021
Subject:
Law, Legal History

This chapter discusses the development of the concept of negligence and its place in the law of torts. Topics covered include the birth of negligence, defining negligence, and rethinking negligence.


Risk management standards

Gaynor Pickavance

in An Introduction to Clinical Governance and Patient Safety

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199558612
eISBN:
9780191595011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558612.003.0008
Subject:
Public Health and Epidemiology, Public Health

The NHS Litigation Authority (NHSLA) is a Special Health Authority established in 1995 to administer the Clinical Negligence Scheme for Trusts (CNST) and provide a means for NHS organizations to fund ... More


The Goring Ox and Negligence (Exodus 21:28–36)

David P. Wright

in Inventing God's Law: How the Covenant Code of the Bible Used and Revised the Laws of Hammurabi

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195304756
eISBN:
9780199866830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195304756.003.0008
Subject:
Religion, Biblical Studies

This chapter examines the famous goring ox laws in the Covenant Code (Exodus 21:28–32, 35–36) and Hammurabi's Laws. It shows that the Covenant Code's revisions are part of its larger systematic ... More


The Sequential Principle of Relative Culpability *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0008
Subject:
Law, Philosophy of Law

This chapter takes a modest step towards providing a theory of culpability by examining an important constraint that any such theory might be thought to satisfy. This constraint is referred to as the ... More


Childbirth and the Law

John Seymour

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.001.0001
Subject:
Law, Medical Law

This book examines aspects of English, United States, Canadian, and Australian law as it applies to the fetus, the pregnant woman, and the doctor or midwife who provides antenatal and perinatal care. ... More


State Liability in Tort: A Comparative Law Study

Duncan Fairgrieve

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.001.0001
Subject:
Law, Law of Obligations

This book examines the topical sphere of governmental liability in damages, arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of ... More


Introduction

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic ... More


European Tort Law

Cees van Dam

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.001.0001
Subject:
Law, Law of Obligations, EU Law

The coverage in this new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the European ... More


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