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Philosophy of Private Law

William Lucy

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.001.0001
Subject:
Law, Philosophy of Law

On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we ... More


Scandal, social policy and social welfare: 2nd, Rev. Ed

Ian Butler

Published in print:
2005
Published Online:
March 2012
ISBN:
9781861347466
eISBN:
9781447303312
Item type:
book
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861347466.001.0001
Subject:
Social Work, Social Policy

Scandals do not just happen. They are made. They are constructed out of such everyday tragedies as the small carelessness and institutional brutality of the long-stay hospital, child abuse, or the ... More


Taking Stock

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/9780199276110.003.0014
Subject:
Law, Law of Obligations

In contrast to inculpating mistakes which are asserted by those whose claims are based on carelessness or faulty decision of the mistaken party, alleviating mistakes are asserted by the mistaken ... More


Predictions and Opinions

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/9780199276110.003.0005
Subject:
Law, Law of Obligations

Aside from flawed perceptions of a present reality, mispredictions of a future reality may also bring about incorrect decisions. Legal usage does not come up with a straightforward distinction ... More


Reactions to Mistakes

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/9780199276110.003.0006
Subject:
Law, Law of Obligations

In situations that involve inculpating mistakes, one person blames someone else who has allegedly committed a mistake. For someone to be held accountable for instances of carelessness or for faulty ... More


Moments of Carelessness and Massive Loss

JEREMY WALDRON

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0018
Subject:
Law, Philosophy of Law

The objection that it is inappropriate to assess the institution of tort liability in terms of a desert-based criterion of fairness would be more convincing if the institution were in better shape ... More


Context and Culpability in Involuntary Manslaughter: Principle or Instinct?

C. M. V. Clarkson

in Rethinking English Homicide Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299158
eISBN:
9780191685637
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299158.003.0006
Subject:
Law, Criminal Law and Criminology

Manslaughter, like homicide, sits in a neutral position with regards to English criminal law. This chapter identifies several types of manslaughter and its corresponding investigation and ... More


Introduction

in Accident Prone: A History of Technology, Psychology, and Misfits of the Machine Age

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226081175
eISBN:
9780226081199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226081199.003.0001
Subject:
History, History of Science, Technology, and Medicine

This chapter presents a close examination of the origins and development of the idea of accident proneness. It shows that the rise and fall of accident proneness was a clear sign of not just one, but ... More


Before Accident Proneness

in Accident Prone: A History of Technology, Psychology, and Misfits of the Machine Age

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226081175
eISBN:
9780226081199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226081199.003.0002
Subject:
History, History of Science, Technology, and Medicine

This chapter introduces the development of awareness of safety. Accident proneness had a particular background in the young science of psychology, and in the realm of general knowledge and belief. ... More


The Streams Come Together in the Late 1920s and Early 1930s

in Accident Prone: A History of Technology, Psychology, and Misfits of the Machine Age

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226081175
eISBN:
9780226081199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226081199.003.0006
Subject:
History, History of Science, Technology, and Medicine

This chapter evaluates mass transit in the late 1920s and early 1930s. The idea of accident proneness shifted many safety experts' attention to specific individuals rather than abstract factors such ... More


Crime and Carelessness

Julie Soleil Archambault

in Mobile Secrets: Youth, Intimacy, and the Politics of Pretense in Mozambique

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226447438
eISBN:
9780226447605
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226447605.003.0004
Subject:
Anthropology, Social and Cultural Anthropology

Many of the handsets used in Liberdade were originally owned by tourists before being injected into the local pool of goods that petty crime stirs up further. In fact, as this chapter shows, handsets ... More


Carefulness: Mind Your Evidence

Nathan L. King

in The Excellent Mind: Intellectual Virtues for Everyday Life

Published in print:
2021
Published Online:
March 2021
ISBN:
9780190096250
eISBN:
9780190096298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190096250.003.0004
Subject:
Philosophy, Metaphysics/Epistemology

Whereas curiosity is the central intellectual virtue that motivates us to seek truth, knowledge, and understanding, carefulness is the central virtue that repels us from falsehood and irrational ... More


Wondering about John Clare

Erica McAlpine

in The Poet's Mistake

Published in print:
2020
Published Online:
January 2021
ISBN:
9780691203492
eISBN:
9780691203768
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691203492.003.0004
Subject:
Literature, Poetry

This chapter focuses on a word used wrongly by a poet who often took pride in his own wrongness. Unlike Browning and Wordsworth, John Clare paid little attention to details like spelling and ... More


Justiciability

Duncan Fairgrieve and Dan Squires QC

in

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0002
Subject:
Law, Constitutional and Administrative Law

When determining a negligence claim brought against a public authority, the first question a court will need to consider is whether the claim is ‘justiciable’, ie whether it is suitable for ... More


Arguments of Public Policy

Duncan Fairgrieve and Dan Squires QC

in The Negligence Liability of Public Authorities, Second Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0004
Subject:
Law, Constitutional and Administrative Law

Once it is determined that a claim is justiciable, whether liability will be imposed on a public authority depends on the application of ‘ordinary principles of negligence’, and this will mean ... More


Alternative Remedies

Duncan Fairgrieve and Dan Squires QC

in The Negligence Liability of Public Authorities, Second Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0006
Subject:
Law, Constitutional and Administrative Law

This book focuses primarily upon claims brought against public authorities for the tort of negligence. Where a public authority causes harm to an individual, either deliberately or carelessly, ... More


Human Rights Act 1998

Duncan Fairgrieve and Dan Squires QC

in The Negligence Liability of Public Authorities, Second Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0007
Subject:
Law, Constitutional and Administrative Law

The following chapter examines claims that can be brought under the Human Rights Act 1998 (HRA). The HRA makes it unlawful for a ‘public authority’ to breach the European Convention on Human ... More


Education

Duncan Fairgrieve and Dan Squires QC

in The Negligence Liability of Public Authorities, Second Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0009
Subject:
Law, Constitutional and Administrative Law

It has long been established that schools owe a duty to look after the physical health and safety of their pupils. The duty imposed on schools has since been extended to taking care of the ... More


Police

Duncan Fairgrieve and Dan Squires QC

in The Negligence Liability of Public Authorities, Second Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0010
Subject:
Law, Constitutional and Administrative Law

The police are subject to a range of different legal controls. They have a general duty to uphold the law, and breach of this duty can, in principle, be enforced by way of judicial review ... More


Housing and Land Use

Duncan Fairgrieve and Dan Squires QC

in The Negligence Liability of Public Authorities, Second Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0016
Subject:
Law, Constitutional and Administrative Law

Public authorities are substantial landowners. They use land for a wide variety of purposes intended to benefit the public, for example: for the provision of amenities such as parks and swimming ... More


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