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Unity in the Law of Torts and Contracts

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/9780691151595.003.0007
Subject:
Law, Comparative Law

This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. ... More


Biostatistics: the near future

Scott Zeger, Peter Diggle, and Kung-Yee Liang

in Celebrating Statistics: Papers in honour of Sir David Cox on his 80th birthday

Published in print:
2005
Published Online:
September 2007
ISBN:
9780198566540
eISBN:
9780191718038
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198566540.003.0009
Subject:
Mathematics, Probability / Statistics

This chapter reviews the biomedical and public health developments that will influence biostatistical research and practice in the near future, such as advances in molecular biology, and measuring ... More


The Social Geographies of Banishment

Katherine Beckett and Steve Herbert

in Banished: The New Social Control In Urban America

Published in print:
2009
Published Online:
May 2012
ISBN:
9780195395174
eISBN:
9780199943319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195395174.003.0004
Subject:
Sociology, Law, Crime and Deviance

This chapter examines the social geographies of banishment. It uses police records and other data sources in order to identify central patterns, such as the dominant use of banishment to control the ... More


How property norms construct the externalities of ownership

JOSEPH WILLIAM SINGER

in Property and Community

Published in print:
2009
Published Online:
May 2010
ISBN:
9780195391572
eISBN:
9780199775804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391572.003.003
Subject:
Law, Environmental and Energy Law

The relation between property and sovereignty is contested. The protection of both persons and property are two core government functions. These functions come into conflict when the exercise of a ... More


Nuisance

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/9780199258826.003.0025
Subject:
Law, Legal History

While there had always been problems caused by smoke, or by polluted water, noise or overcrowding, they were significantly magnified in the 19th century as a result of rapid industrialization and ... 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


The Beaver: Its Life and Impact

Dietland Muller-Schwarze

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801450105
eISBN:
9780801460869
Item type:
book
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801450105.001.0001
Subject:
Biology, Animal Behavior / Behavioral Ecology

Beavers can and do dramatically change the landscape. The beaver is a keystone species—their skills as foresters and engineers create and maintain ponds and wetlands that increase biodiversity, ... More


Bayesianism—its Scope and Limits

Elliott Sober

in Bayes's Theorem

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263419
eISBN:
9780191734175
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263419.003.0002
Subject:
Philosophy, Logic/Philosophy of Mathematics

This chapter discusses the scope and limits of Bayesianism. The first topics discussed are the math and philosophy embedded in Bayesianism and the standard objection to Bayesianism. The concept of ... More


Concepts in Resource Property Rights

Anthony Scott

in The Evolution of Resource Property Rights

Published in print:
2008
Published Online:
May 2008
ISBN:
9780198286035
eISBN:
9780191718410
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198286035.003.0001
Subject:
Economics and Finance, Development, Growth, and Environmental

This opening chapter explains how the ‘completeness’ of a property right is measured by the extent to which it has all of six ‘characteristics’. These are exclusivity, duration, flexibility, quality ... More


Bayesian Statistics and Linear Regression

Luc Bauwens, Michel Lubrano, and Jean-François Richard

in Bayesian Inference in Dynamic Econometric Models

Published in print:
2000
Published Online:
September 2011
ISBN:
9780198773122
eISBN:
9780191695315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198773122.003.0002
Subject:
Economics and Finance, Econometrics

This chapter presents the basic concepts and tools that are useful for modelling and for Bayesian inference. It defines density kernels useful for simplifying notation and computations and explains ... More


Security Interests in the Criminal Law

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter reviews the protection of subjective security interests in the criminal law of an earlier period before the Anti-Social Behaviour Order. It considers vagrancy, nuisance, the bind over, ... More


Abuse of Rights, Abuse of People

Gijs van Donselaar

in The Right to Exploit: Parasitism, Scarcity, and Basic Income

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195140392
eISBN:
9780199871483
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195140392.003.0001
Subject:
Philosophy, Moral Philosophy

This chapter begins with a description of the case of Mr. Pickles, who in 1895 was allowed by the Judges of the House of Lords to get away with a vicious trick he had played on the community of ... More


Exclusion by Private Law: Restrictive Covenants

Steven W. Bender

in Tierra Y Libertad: Land, Liberty, and Latino Housing

Published in print:
2010
Published Online:
May 2016
ISBN:
9780814791257
eISBN:
9780814739136
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791257.003.0009
Subject:
Law, Human Rights and Immigration

This chapter confronts the history of private means to exclude Latino/as and other unwelcome groups from residential neighborhoods by use of restrictive covenants among homeowners, as well as covert ... More


Privity

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0008
Subject:
Law, Law of Obligations

The only person who can enforce a right is the right-holder, and persons who suffer loss because of the infringement of someone else's right do not have standing to sue. So, if a parent is ... More


The Moral Limits of the Criminal Law: Volume 2: Offense to Others

Joel Feinberg

Published in print:
1988
Published Online:
February 2006
ISBN:
9780195052152
eISBN:
9780199785872
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195052153.001.0001
Subject:
Philosophy, Moral Philosophy

This book is the second in a four-volume work entitled The Moral Limits of Criminal Law, which examines the acts that the state may make criminal. It focuses on the issue of offense, presenting a ... More


Nuisance

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0019
Subject:
Law, Comparative Law

This chapter focuses on the coincidence of similarities and contrasts between South African and Scots nuisance principles. As an exercise in critical comparison it endeavours to ask not only how and ... More


The Impact of Local Preventive Medicine

Anne Hardy

in The Epidemic Streets: Infectious Diseases and the Rise of Preventive Medicine 1856–1900

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198203773
eISBN:
9780191675966
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198203773.003.0010
Subject:
History, British and Irish Modern History, History of Science, Technology, and Medicine

The work of the local sanitary departments in implementing both nuisance reform and more especially any version of the stamping-out policy, could only take place with the broad cooperation of the ... More


Offensive Nuisances

Joel Feinberg

in The Moral Limits of the Criminal Law: Volume 2: Offense to Others

Published in print:
1988
Published Online:
February 2006
ISBN:
9780195052152
eISBN:
9780199785872
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195052153.003.0001
Subject:
Philosophy, Moral Philosophy

The offense principle requires that an unpleasant state of mind or offense be produced wrongfully by another party, but not that it be an offense in the strict sense of ordinary language. The ... More


Profound Offense

Joel Feinberg

in The Moral Limits of the Criminal Law: Volume 2: Offense to Others

Published in print:
1988
Published Online:
February 2006
ISBN:
9780195052152
eISBN:
9780199785872
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195052153.003.0003
Subject:
Philosophy, Moral Philosophy

Profound offenses are misleadingly characterized as simply “offensive nuisances” because of their perceived qualitative difference from mere nuisances, and because of their independence of actual ... More


Liability among Neighbours

REINHARD ZIMMERMANN and PHILIP SIMPSON

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0020
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on the legal relations that exist between neighbours within the context of liability and nuisance. In this chapter, focus is directed to the tort of nuisance. It aims to ... More


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