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Rights Without Trimmings

MATTHEW H. KRAMER

in A Debate Over Rights: Philosophical Enquiries

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.003.0002
Subject:
Law, Philosophy of Law

This chapter presents a detailed exposition of the Hohfeldian analysis of legal positions (rights, duties, liberties, no-rights, powers, liabilities, immunities, and disabilities). It then presents ... More


A Debate Over Rights: Philosophical Enquiries

Matthew H. Kramer

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298991
eISBN:
9780191705205
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298991.001.0001
Subject:
Law, Philosophy of Law

This book engages in essay form in a lively debate over the fundamental characteristics of legal rights. Each chapter considers whether rights essentially protect individuals' interests — as is ... More


Legal Duty and Obligation

H. L. A. Hart

in Essays on Bentham: Jurisprudence and Political Philosophy

Published in print:
1982
Published Online:
March 2012
ISBN:
9780198254683
eISBN:
9780191681509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254683.003.0007
Subject:
Law, Philosophy of Law

This chapter gives a compressed account of Bentham's doctrine in a discussion of his theories of legal duty and obligation which he frequently takes as an example of a logical fiction and as a ... More


The Legal Control of Management Discretion

J. E. Parkinson

in Corporate Power and Responsibility: Issues in the Theory of Company Law

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198259893
eISBN:
9780191682018
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259893.003.0019
Subject:
Law, Company and Commercial Law

This chapter explores the role of law in overcoming the problem through the imposition of legal duties which limit the purposes for which managerial discretion may legitimately be exercised. The ... 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


Normativity, Legality and Judgment

N.E. Simmonds

in Law as a Moral Idea

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199552191
eISBN:
9780191701597
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552191.003.0004
Subject:
Law, Philosophy of Law

The philosophy of law has tended to concern itself with the structural types of questions, such as whether the normativity of morality can be reduced to the normativity of rational self-interest. ... More


Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Jeroen Kortmann

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.001.0001
Subject:
Law, Law of Obligations

This book examines two problems in private law that are posed by the ‘good Samaritan’: First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held liable for ... More


Introduction

Jeroen Kortmann

in Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.003.0001
Subject:
Law, Law of Obligations

This book commences with the biblical parable of the good Samaritan. This parable raises two private law issues: firstly, whether those who are in the position of the priest and the Levite have a ... More


Tort and Construction Law

Richard Wilmot-Smith QC

in Wilmot-Smith on Construction Contracts

Published in print:
2021
Published Online:
July 2021
ISBN:
9780198832805
eISBN:
9780191926587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198832805.003.0006
Subject:
Law, Company and Commercial Law, Employment Law

This chapter analyses the law of tort that relates to damage and addresses the question of whether the damage is actionable if it is caused by someone’s negligence. It explains how the law of tort is ... More


Yes, Doctor! No, Doctor!

Sandy Summers and Harry Jacobs Summers

in Saving Lives: Why the Media's Portrayal of Nursing Puts Us All at Risk

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199337064
eISBN:
9780190221423
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199337064.003.0004
Subject:
Public Health and Epidemiology, Public Health

Much of the media presents nurses as the faceless crew of a healthcare ship captained by charismatic physicians. But nursing is an autonomous profession. Nurses train and manage themselves. They have ... More


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