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Wrongs and the Law of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0002
Subject:
Law, Comparative Law, Law of Obligations

This chapter concerns itself with the identification of the subject-matter of the book, wrongs and the law of wrongs. Regarding the former, the definition offered of a wrong (or civil wrong) is that ... More


The Division of Wrongs: A Historical Comparative Study

Eric Descheemaeker

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.001.0001
Subject:
Law, Comparative Law, Law of Obligations

The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called ... More


Introduction

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0001
Subject:
Law, Comparative Law, Law of Obligations

The civilian tradition, as exemplified by Justinian's Institutes and the French Civil Code, has generally divided its law of civil wrongs into two categories, wrongs ‘proper’ and ‘quasi-wrongs’. ... More


Civil Wrongs and Civil Procedure

Matthew A. Shapiro

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter addresses the significance of civil procedure in private law’s treatment of civil wrongs. It begins by canvassing contemporary private law theory, focusing in particular on the civil ... More


The Concept of a Civil Wrong

BIRKS PETER

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/9780198265795.003.0002
Subject:
Law, Philosophy of Law

This chapter is concerned with the common law, but it has a Roman beginning. By starting from the Roman analysis in which it had its origin, one can most easily set out the common law classification ... More


The Relevance of Wrongs

Andrew S. Gold

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter discusses the senses in which private law is responsive to wrongs. It begins by explaining that while private law is responsive to civil wrongs, it is responsive to other kinds of ... More


Civil Wrongs and Justice in Private Law

Paul B. Miller and John Oberdiek (eds)

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.001.0001
Subject:
Law, Criminal Law and Criminology

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust ... More


The Significance of a Civil Wrong

Stephen A. Smith

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter claims that the commission of a civil wrong generally holds no significance for the substantive rights and duties of the parties to the wrong, and that it holds but minor significance in ... More


What Do We Remedy?

Nicolas Cornell

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter examines the nature of civil wrongs from the perspective of the law of remedies, querying the supposition that remedies are exclusively responsive to primary rights violations and, in ... More


Joint-Carving in Deontic Tort

Ahson Azmat

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0013
Subject:
Law, Criminal Law and Criminology

This chapter argues that non-instrumental, deontic approaches to tort law—like Corrective Justice or Civil Recourse Theory—presuppose an unspecified and undefended non-naturalist account of the ... More


It’s Something Personal: On the Relationality of Duty and Civil Wrongs

John Oberdiek

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0014
Subject:
Law, Criminal Law and Criminology

This chapter defends a bilateral or “personal” conception of relationality in tort law. It argues that a personalized conception of duty and civil wrongs is compatible with the forward-looking ... More


Three Maps

Peter Birks

in Unjust Enrichment

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199276981
eISBN:
9780191699917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276981.003.0002
Subject:
Law, Law of Obligations

The mapping metaphor was first used by William Blackstone in 1756, when he said that the duty of the ‘academical expounder of the laws’ was to make clear how the various parts of the law fitted ... More


Purely Formal Wrongs

Liam Murphy

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter cautions against the moral grounding of private rights and duties and, in turn, private law's response to wrongs. The argument is framed as a rebuke to those who suppose that private law ... More


The Roles of Rights

David Owens

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter aims to clarify the moral foundations of private law’s response to wrongs, as well as the underlying deontic structure of relationships of right, duty, wrong, and remedy in ethics and in ... More


Owning Bad: Leverage and Spite in Property Law

Lee Anne Fennell

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0019
Subject:
Law, Criminal Law and Criminology

This chapter examines whether and how malign motives can convert the otherwise innocent exercise of a property right into a civil wrong. As a doctrinal matter, courts have been willing to grant that ... More


Secondary Duties

Victor Tadros

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter argues that civil wrongs are central to remedies. It shows that private law remedies are primarily responsive to wrongs. Furthermore, the stringency of secondary or remedial duties ... More


Unscrambling the Images: Conflict in the Shared Household

Indira Jaising

in Conflict in the Shared Household: Domestic Violence and the Law in India

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199489954
eISBN:
9780199095674
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199489954.003.0001
Subject:
Law, Family Law

The chapter presents the underlying idea behind this volume and serves as an introduction to domestic violence and the law in India. Tracing the history of laws addressing domestic violence both as a ... More


Ecocritique and Anecdote

Sean Cubitt

in Anecdotal Evidence: Ecocritiqe from Hollywood to the Mass Image

Published in print:
2020
Published Online:
February 2020
ISBN:
9780190065713
eISBN:
9780190065751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190065713.003.0012
Subject:
Literature, Film, Media, and Cultural Studies

Section 1 starts by considering the central notion of this book: a “ecocritique”. The ecocritique recognises that the good life for all includes the well-being of the world we are involved in at ... More


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