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Law and markets

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0004
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter addresses concerns regarding the extent to which the argument for market justifies an economic approach to law. It begins by working through Calabresi's insight that tort law occupies a ... More


Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

E. Allan Farnsworth

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.001.0001
Subject:
Law, Law of Obligations

This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes: we might overpay a debt, ... More


Relevance of Mistakes of Law

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0010
Subject:
Law, Law of Obligations

Because of ‘Ignorantia juris non excusat’ — one of the maxims that are fondly associated with law and compared with mistakes of fact — mistakes of law are often perceived to be without relevance. ... More


Delict in General

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0027
Subject:
Law, Law of Obligations

This chapter deals with delict in general, the act by which one person causes some damage or tort to another. When a person injures another by an act of reckless driving, he is accountable both to ... More


Relevance in General

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0009
Subject:
Law, Law of Obligations

While the question that asks what mistakes can entitle a person to alleviation persists, there is a need to ask also why a mistake should be relevant in the first place. We realize that in real life, ... More


Causation

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0008
Subject:
Law, Law of Obligations

While Glanville Williams asserts how causation in mistake cases may be considered an aspect of criminal law that may be relatively difficult to understand, law readily deals with situations that ... More


Normative Theories of Punitive Damages: The Case of Deterrence

Anthony J. Sebok

in Philosophical Foundations of the Law of Torts

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198701385
eISBN:
9780191770654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701385.003.0016
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter examines the normative arguments for common law punitive damages. It focuses on one normative argument in particular, that punitive damages can be justified because they deter ... More


Introduction

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0001
Subject:
Law, Law of Obligations

Mistakes refer to the instances wherein our actions become incorrect since our initial perceptions are not in agreement with what has actually occurred in reality. This book attempts to look into the ... More


Protection of Property Interests

Peter Birks

in The Law of Property

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299936
eISBN:
9780191685811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299936.003.0004
Subject:
Law, Law of Obligations

Everyone is entitled to protect their property rights. If self-help is not available, one can go to law, and one of the law's tasks is to protect entitlement to and enjoyment of property. The ... More


Introduction

Peter Alldridge

in Criminal Justice and Taxation

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198755838
eISBN:
9780191816963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755838.003.0001
Subject:
Law, Criminal Law and Criminology, Law of Obligations

The chapter sets out the field of study and the approach taken. The recurrent question, to be addressed from a variety of perspectives, is how and to what extent tax evasion is like and unlike other ... More


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