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Reparations and Civil Litigation: Compensation for Human Rights Violations in Transitional Democracies

Jaime E. Malamud‐Goti and Lucas Sebastián Grosman

in The Handbook of Reparations

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199291922
eISBN:
9780191603716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199291926.003.0016
Subject:
Political Science, International Relations and Politics

Compensation for human rights abuse can be approached from two different perspectives. The first is through principles of tort law, under which the compensation of harm for human rights abuse is no ... More


Reconceptualizing (Some) Boilerplate under Tort Law

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0011
Subject:
Law, Company and Commercial Law

This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we ... More


Benefits of Comparative Tort Reasoning: Lost in Translation

Jane Stapleton

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0049
Subject:
Law, Legal History

This chapter argues that the noble cause of comparative law as an intellectual activity is undermined by those who focus on its forensic utility. It examines the practical value to practitioners and ... More


JURISTS’ LAW

NEIL DUXBURY

in Frederick Pollock and the English Juristic Tradition

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270224
eISBN:
9780191710384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270224.003.0005
Subject:
Law, Legal History

This chapter examines the arguments underlying, and the influence of, Pollock’s treatise writing. It explains that like Lord Mansfield, Pollock believed that the law does not consist of particular ... More


The Law of Delict in the Context of Private Law

Christian Von Bar

in The Common European Law of Torts: Volume One

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198260561
eISBN:
9780191682117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260561.003.0005
Subject:
Law, EU Law

This chapter considers the position of delict in private law. Within private law delict is most clearly related to contract law; it is at the juncture between them that the most taxing problems of ... More


Privacy, Intimacy, and Isolation

Julie C. Inness

Published in print:
1996
Published Online:
November 2003
ISBN:
9780195104608
eISBN:
9780199868247
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195104609.001.0001
Subject:
Philosophy, Moral Philosophy

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, ... More


Scientific Evidence in the Tort Law

Kristin Shrader-frechette General

in Regulating Toxic Substances: A Philosophy of Science and the Law

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195074369
eISBN:
9780199852932
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195074369.003.0003
Subject:
Philosophy, Philosophy of Science

This chapter argues against the shift in paradigm in favor of scientific evidence in tort law cases. Recent proposals, seeking to require more demanding scientific evidence in toxic tort (and other) ... More


The Development of Tort law

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/9780199258826.003.0020
Subject:
Law, Legal History

This chapter on the development of tort law in the 19th century covers the uses of tort law, the structure of tort law, the problem of vicarious liability, and the use of juries in tort cases and ... More


Intentional and Economic Torts

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/9780199258826.003.0024
Subject:
Law, Legal History

Traditional tort doctrine taught that a person who intentionally performed an unlawful act which harmed another was liable for the damage suffered. In the second half of the 19th century, judges and ... More


Introduction

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/9780691151595.003.0001
Subject:
Law, Comparative Law

This book examines how the law of torts, contracts, and restitution can be improved by showing how private law reduces the cost of accidents, lubricates bargains, and encourages unrequested benefits. ... More


Joint Causation, Torts, and Administrative Law in Environmental Health Protections

Kristin Shrader-frechette General

in Regulating Toxic Substances: A Philosophy of Science and the Law

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195074369
eISBN:
9780199852932
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195074369.003.0004
Subject:
Philosophy, Philosophy of Science

The chapter addresses a problem that affects both regulatory and tort law efforts to control exposure to carcinogens. What should be done when a disease may be the result of “joint causation”? That ... More


What’s Love Got to Do with It?: Stereotypical Women in Dispositionist Torts

Fernanda Nicola

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0025
Subject:
Psychology, Social Psychology

This chapter explores how ideology influences legal change. In particular, it discusses how feminist ideologies, often allied with social conservative ones, have changed how lawyers and judges ... More


The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Jules Coleman

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.001.0001
Subject:
Law, Philosophy of Law

This book expands the argument introduced in the Clarendon Lectures in Law presented at Oxford University in the fall of 1998. It introduces and attempts to sustain two different kinds of arguments; ... 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.


Getting Incentives Right: Improving Torts, Contracts, and Restitution

Robert D. Cooter and Ariel Porat

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.001.0001
Subject:
Law, Comparative Law

Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would ... More


Legal Contexts and Law Related to Psychological Injuries

William J. Koch, Kevin S. Douglas, Tonia L. Nicholls, and Melanie L. O'Neill

in Psychological Injuries: Forensic Assessment, Treatment, and Law

Published in print:
2005
Published Online:
May 2009
ISBN:
9780195188288
eISBN:
9780199870486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195188288.003.0003
Subject:
Psychology, Developmental Psychology

This chapter discusses the primary areas of law in which psychological injury is likely to be material and relevant, and in which mental health professionals are likely to find themselves practicing. ... More


TORTS AND EQUITABLE WRONGS

Donal Nolan and John Davies

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0017
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses the law of torts and equitable wrongs. It covers the basic concepts, cases, and defences for negligence; wrongs actionable concurrently with negligence; strict liability ... More


Concurrent Liability

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0007
Subject:
Law, Comparative Law, Law of Obligations

This chapter presents an overview of issues of concurrent liability. Topics covered include concurrent liability within unjustified enrichment, unjustified enrichment and contract law, unjustified ... More


Torts

Robert Stevens

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0040
Subject:
Law, Legal History

The modern law of torts is dominated by decisions of the House of Lords. In other areas of private law this is not so. Within contract law, for example, the leading cases are frequently those of the ... More


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


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