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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


Invidia Is One Thing, Invidia Quite Another

Robert A. Kaster

in Emotion, Restraint, and Community in Ancient Rome

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195140781
eISBN:
9780199789283
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195140781.003.0005
Subject:
Classical Studies, European History: BCE to 500CE

This chapter investigates the various scripts of invidia, the Latin term from which English “envy” is ultimately derived, though the Latin term is of much wider application. A system or “taxonomy” of ... More


Malicious Falsehood

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the history and ingredients of the tort of malicious falsehood. It would appear that the tort though developed from a group of related torts should now be viewed as unified in ... More


On Curiosity

Lieve Van Hoof

in Plutarch's Practical Ethics: The Social Dynamics of Philosophy

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199583263
eISBN:
9780191723131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199583263.003.0008
Subject:
Classical Studies, Ancient Greek, Roman, and Early Christian Philosophy

This chapter deals with Plutarch's ‘psychotherapeutic’ text On Curiosity, in which he strongly condemns the desire to discover other people's evils, which, he suggests, is omnipresent in the cities ... More


Criminal Intent and Spectacular Punishment: The Infiltration of Roman Legal Theory and Practice into French Customary Law

Paul Friedland

in Seeing Justice Done: The Age of Spectacular Capital Punishment in France

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592692
eISBN:
9780191741852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592692.003.0003
Subject:
History, European Medieval History, European Early Modern History

Although customary and Roman law are often thought of as two entirely different bodies of law, this chapter charts the intrusion of Roman legal concepts—especially malice aforethought and exemplary ... More


Introduction

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0009
Subject:
Law, Constitutional and Administrative Law

Many of the questions of the day are not decided in the courts of law or even in judicial tribunals. These issues are not ‘justiciable’. They are entrusted to commissions of inquiry, to inspectors, ... More


Fighting over Defamatory Language

Roger W. Shuy

in The Language of Defamation Cases

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195391329
eISBN:
9780199866274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391329.003.0002
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

After a brief history of the development of defamation law and an equally brief introduction to the linguistic aspects of defamation cases, this chapter takes Tiersma's (1978) advice that libel and ... More


Varieties of Virtue and Vice

Thomas Hurka

in Virtue, Vice, and Value

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195137163
eISBN:
9780199833283
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195137167.003.0004
Subject:
Philosophy, Moral Philosophy

This chapter shows how the recursive account can illuminate a large number of particular virtues and vices, identifying both, what they have in common that makes them virtues or vices and what ... More


Society Under Scrutiny IV: The Examination of Peasants

Michael Haren

in Sin and Society in Fourteenth-Century England: A Study of the Memoriale Presbiterorum

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198208518
eISBN:
9780191678042
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208518.003.0008
Subject:
History, British and Irish Medieval History, Social History

Scornful though he is in criticism of the manorial officials, the author of the Memoriale Presbiterorum offers no sympathy for the peasants. The main problem comes from tithe-paying. The duty of ... More


Transferred Malice and the Remoteness of Outcomes from Intentions

Jeremy Horder

in Homicide and the Politics of Law Reform

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199561919
eISBN:
9780191743306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561919.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter considers the doctrine of transferred malice, in the context of the law commission's recommended reforms to the law of murder. According to this doctrine, if someone aims to kill one ... More


To Court

MICHAEL TAGGART

in Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.003.0004
Subject:
Law, Human Rights and Immigration, Legal History

Bradford won the case against Edward Pickles at first instance, with North J. of the Chancery Division granting an injunction restraining Pickles from continuing with his tunnelling works. The judge ... More


Malice and the Law of Torts

MICHAEL TAGGART

in Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.003.0008
Subject:
Law, Human Rights and Immigration, Legal History

For a 20-year period spanning the turn of the 20th century, the place of malice in the law of torts was a matter of considerable legal interest. For England, the debate began with the pioneering work ... More


Is Strict Liability Rape Defensible?

Kyron Huigens

in Defining Crimes: Essays on The Special Part of the Criminal Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199269228
eISBN:
9780191710100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269228.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter discusses that strict liability rape is criminal liability imposed on the basis of non-intentional fault. It notes that the common description of strict criminal liability as the ... More


The Deontic Relevance of Motives

Steven Sverdlik

in Motive and Rightness

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199594948
eISBN:
9780191725401
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594948.003.0001
Subject:
Philosophy, Moral Philosophy

The topic of the deontic relevance of motives is introduced: can the motive of an action ever be the reason, or part of the reason, that the action is morally right or wrong? The deontic concepts of ... More


Treating Humanity as an End

Steven Sverdlik

in Motive and Rightness

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199594948
eISBN:
9780191725401
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594948.003.0006
Subject:
Philosophy, Moral Philosophy

Another version of Kant's Categorical Imperative is the Formula of Humanity. This is investigated with regard to its treatment of the deontic relevance of motives. The portion of the formula ... More


Remaining Questions

Steven Sverdlik

in Motive and Rightness

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199594948
eISBN:
9780191725401
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594948.003.0009
Subject:
Philosophy, Moral Philosophy

Seven questions were posed at the end of Chapter 1. Four of them have been answered. Extrinsic consequentialism has emerged as the most plausible approach to the deontic relevance of motives. It is ... More


Intention in Tort Law

John Finnis

in Intention and Identity: Collected Essays Volume II

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580064
eISBN:
9780191729386
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580064.003.0012
Subject:
Law, Philosophy of Law

What is intention? Why is it morally significant? Why and how is intent to harm a per se wrong-making factor in any conduct? The answers depend on distinguishing intent from desire, behaviour from ... More


Into the conduct of judges

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter deals with various cases in order to discuss the conduct of judges. If a judge made a mistake, then his mistake would give rise to a new trial and cause much expense to the parties. In ... More


The Early Centuries of Development

Jeremy Horder

in Provocation and Responsibility

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198256960
eISBN:
9780191681707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256960.003.0002
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The emergence of a ‘doctrine’ of provocation is a comparatively recent development. This chapter looks back further than the supposed emergence of a doctrine of provocation. It notes the legal ... More


Brokers’ Careers: Merit, Miracles, and Malice

Ann Swidler and Susan Cotts Watkins

in A Fraught Embrace: The Romance and Reality of AIDS Altruism in Africa

Published in print:
2017
Published Online:
January 2018
ISBN:
9780691173924
eISBN:
9781400884988
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691173924.003.0006
Subject:
Sociology, Health, Illness, and Medicine

This chapter considers how brokers perceive that merit, miracles, and malice structure their opportunities and thus their outcomes. It analyzes the ways that the career aspirations of brokers at all ... More


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