Robert D. Cooter and Ariel Porat
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691151595
- eISBN:
- 9781400850396
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151595.003.0007
- Subject:
- Law, Comparative Law
This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. ...
More
This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. In the basic torts model, the injurer and the victim can reduce the probability and severity of accidents by taking precautions. “Precaution” against accidents can be reinterpreted to fit contracts and other bodies of law. The chapter first considers forms of precaution and the paradox of compensation, showing that compensating victims is often inconsistent with double responsibility at the margin that is required in efficient incentives. It then examines three mechanisms that allow liability law to combine compensation and incentives for efficient precaution: the fault rule, invariant damages, and a coercive order from a court, such as an injunction against a nuisance.Less
This chapter deals with the problem of providing efficient incentives for the promisor and promisee simultaneously and repurposes the model of torts in a way that unifies tort law and contract law. In the basic torts model, the injurer and the victim can reduce the probability and severity of accidents by taking precautions. “Precaution” against accidents can be reinterpreted to fit contracts and other bodies of law. The chapter first considers forms of precaution and the paradox of compensation, showing that compensating victims is often inconsistent with double responsibility at the margin that is required in efficient incentives. It then examines three mechanisms that allow liability law to combine compensation and incentives for efficient precaution: the fault rule, invariant damages, and a coercive order from a court, such as an injunction against a nuisance.
Scott Zeger, Peter Diggle, and Kung-Yee Liang
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780198566540
- eISBN:
- 9780191718038
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198566540.003.0009
- Subject:
- Mathematics, Probability / Statistics
This chapter reviews the biomedical and public health developments that will influence biostatistical research and practice in the near future, such as advances in molecular biology, and measuring ...
More
This chapter reviews the biomedical and public health developments that will influence biostatistical research and practice in the near future, such as advances in molecular biology, and measuring DNA sequences and gene and protein expression levels. It is argued that the success of biostatistics will derive largely from a model-based approach, which uses and applies the principle of conditioning. Statistical models and inferences that are central to this model-based approach are described and contrasted with computationally-intensive strategies and a design-based approach. Increasingly complex models, different sources of uncertainty, and clustered observational units are viewed as future challenges for the model-based approach. Causal inference and statistical computing are discussed as topics believed to be central to biostatistics in the near future.Less
This chapter reviews the biomedical and public health developments that will influence biostatistical research and practice in the near future, such as advances in molecular biology, and measuring DNA sequences and gene and protein expression levels. It is argued that the success of biostatistics will derive largely from a model-based approach, which uses and applies the principle of conditioning. Statistical models and inferences that are central to this model-based approach are described and contrasted with computationally-intensive strategies and a design-based approach. Increasingly complex models, different sources of uncertainty, and clustered observational units are viewed as future challenges for the model-based approach. Causal inference and statistical computing are discussed as topics believed to be central to biostatistics in the near future.
JOSEPH WILLIAM SINGER
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780195391572
- eISBN:
- 9780199775804
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391572.003.003
- Subject:
- Law, Environmental and Energy Law
The relation between property and sovereignty is contested. The protection of both persons and property are two core government functions. These functions come into conflict when the exercise of a ...
More
The relation between property and sovereignty is contested. The protection of both persons and property are two core government functions. These functions come into conflict when the exercise of a property right harms others. How do we determine when that exercise is legitimately viewed as a self-regarding act that does not affect others, and when such an exercise does harm others and thus comes within the legitimate sphere of government regulation? Property norms help answer this question by orienting us in a moral universe through background understandings that define legitimate interests. Norms orient us, first, by telling us who is an owner with regard to any particular entitlement in a resource, and second, by telling owners when they are obligated to take into account the effects of their actions on others. In so doing, property norms define which externalities we must pay attention to and seek (if possible) to prevent.Less
The relation between property and sovereignty is contested. The protection of both persons and property are two core government functions. These functions come into conflict when the exercise of a property right harms others. How do we determine when that exercise is legitimately viewed as a self-regarding act that does not affect others, and when such an exercise does harm others and thus comes within the legitimate sphere of government regulation? Property norms help answer this question by orienting us in a moral universe through background understandings that define legitimate interests. Norms orient us, first, by telling us who is an owner with regard to any particular entitlement in a resource, and second, by telling owners when they are obligated to take into account the effects of their actions on others. In so doing, property norms define which externalities we must pay attention to and seek (if possible) to prevent.
Michael Lobban
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258826
- eISBN:
- 9780191705168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258826.003.0025
- Subject:
- Law, Legal History
While there had always been problems caused by smoke, or by polluted water, noise or overcrowding, they were significantly magnified in the 19th century as a result of rapid industrialization and ...
More
While there had always been problems caused by smoke, or by polluted water, noise or overcrowding, they were significantly magnified in the 19th century as a result of rapid industrialization and urbanization. All cities suffered severely from coal smoke emitted by domestic fires and steam engines. Many suffered from poisonous chemical fumes emitted by new industries such as alkali production and copper smelting. Urban development also brought other irritants, as when brick kilns filled residential areas with smoke when new houses were built, or when new buildings blocked the light of established householders. Although the major environmental problems caused by urbanization could ultimately only be dealt with by legislation and regulation, the common law continued to play an important role. To begin with, those responsible for nuisances could be indicted. To be subject to prosecution, the nuisance had to be a general annoyance to the public, rather than a harm to particular individuals only. This chapter discusses cases relating to the right to light, water rights, smoke and noise, and remedies.Less
While there had always been problems caused by smoke, or by polluted water, noise or overcrowding, they were significantly magnified in the 19th century as a result of rapid industrialization and urbanization. All cities suffered severely from coal smoke emitted by domestic fires and steam engines. Many suffered from poisonous chemical fumes emitted by new industries such as alkali production and copper smelting. Urban development also brought other irritants, as when brick kilns filled residential areas with smoke when new houses were built, or when new buildings blocked the light of established householders. Although the major environmental problems caused by urbanization could ultimately only be dealt with by legislation and regulation, the common law continued to play an important role. To begin with, those responsible for nuisances could be indicted. To be subject to prosecution, the nuisance had to be a general annoyance to the public, rather than a harm to particular individuals only. This chapter discusses cases relating to the right to light, water rights, smoke and noise, and remedies.
Katherine Beckett and Steve Herbert
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195395174
- eISBN:
- 9780199943319
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395174.003.0004
- Subject:
- Sociology, Law, Crime and Deviance
This chapter examines the social geographies of banishment. It uses police records and other data sources in order to identify central patterns, such as the dominant use of banishment to control the ...
More
This chapter examines the social geographies of banishment. It uses police records and other data sources in order to identify central patterns, such as the dominant use of banishment to control the socially marginal. It observes that banishment is geographically concentrated in certain locales, especially in downtown areas with pronounced poverty and gentrification. This chapter concludes that banishment is used on some of the most disadvantaged urban residents, such as those who are perceived as nuisances.Less
This chapter examines the social geographies of banishment. It uses police records and other data sources in order to identify central patterns, such as the dominant use of banishment to control the socially marginal. It observes that banishment is geographically concentrated in certain locales, especially in downtown areas with pronounced poverty and gentrification. This chapter concludes that banishment is used on some of the most disadvantaged urban residents, such as those who are perceived as nuisances.
Duncan Fairgrieve
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780199258055
- eISBN:
- 9780191698507
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258055.001.0001
- Subject:
- Law, Law of Obligations
This book examines the topical sphere of governmental liability in damages, arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of ...
More
This book examines the topical sphere of governmental liability in damages, arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to public bodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision of the European Court of Human Rights in Osman v UK, and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires and liability in damages. From a comparative law perspective, it is argued that, contrary to orthodox doctrinal opinion, there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, and underlying policy concerns. The book discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation, such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.Less
This book examines the topical sphere of governmental liability in damages, arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to public bodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision of the European Court of Human Rights in Osman v UK, and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires and liability in damages. From a comparative law perspective, it is argued that, contrary to orthodox doctrinal opinion, there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, and underlying policy concerns. The book discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation, such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.
Dietland Muller-Schwarze
- Published in print:
- 2011
- Published Online:
- August 2016
- ISBN:
- 9780801450105
- eISBN:
- 9780801460869
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801450105.001.0001
- Subject:
- Biology, Animal Behavior / Behavioral Ecology
Beavers can and do dramatically change the landscape. The beaver is a keystone species—their skills as foresters and engineers create and maintain ponds and wetlands that increase biodiversity, ...
More
Beavers can and do dramatically change the landscape. The beaver is a keystone species—their skills as foresters and engineers create and maintain ponds and wetlands that increase biodiversity, purify water, and prevent large-scale flooding. Biologists have long studied their daily and seasonal routines, family structures, and dispersal patterns. As human development encroaches into formerly wild areas, property owners and government authorities need new, nonlethal strategies for dealing with so-called nuisance beavers. At the same time, the complex behavior of beavers intrigues visitors at parks and other wildlife viewing sites because it is relatively easy to observe. This book gathers a wealth of scientific knowledge about both the North American and Eurasian beaver species. It is designed to satisfy the curiosity and answer the questions of anyone with an interest in these animals.Less
Beavers can and do dramatically change the landscape. The beaver is a keystone species—their skills as foresters and engineers create and maintain ponds and wetlands that increase biodiversity, purify water, and prevent large-scale flooding. Biologists have long studied their daily and seasonal routines, family structures, and dispersal patterns. As human development encroaches into formerly wild areas, property owners and government authorities need new, nonlethal strategies for dealing with so-called nuisance beavers. At the same time, the complex behavior of beavers intrigues visitors at parks and other wildlife viewing sites because it is relatively easy to observe. This book gathers a wealth of scientific knowledge about both the North American and Eurasian beaver species. It is designed to satisfy the curiosity and answer the questions of anyone with an interest in these animals.
Anthony Scott
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780198286035
- eISBN:
- 9780191718410
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198286035.003.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This opening chapter explains how the ‘completeness’ of a property right is measured by the extent to which it has all of six ‘characteristics’. These are exclusivity, duration, flexibility, quality ...
More
This opening chapter explains how the ‘completeness’ of a property right is measured by the extent to which it has all of six ‘characteristics’. These are exclusivity, duration, flexibility, quality of title, transferability, and divisibility. Each set of chapters, dealing with rights over a particular resource: water, fisheries, minerals, or forest, examines the amount and types of characteristic with which its rights are equipped. Rights are distinguished from the ‘powers’. The chapter presents ‘demand’ and ‘supply’ for characteristics as holders interact. ‘Demand’ has flowed from owners who in the course of disputes have found their rights' characteristics to be inadequate. The chapter examines sources of ‘supply’ in detail: the courts — hearing cases in property, tort or contract law; government — legislating rights and taxes directly or making rules for public-land disposal; manorial custom; and military invasion.Less
This opening chapter explains how the ‘completeness’ of a property right is measured by the extent to which it has all of six ‘characteristics’. These are exclusivity, duration, flexibility, quality of title, transferability, and divisibility. Each set of chapters, dealing with rights over a particular resource: water, fisheries, minerals, or forest, examines the amount and types of characteristic with which its rights are equipped. Rights are distinguished from the ‘powers’. The chapter presents ‘demand’ and ‘supply’ for characteristics as holders interact. ‘Demand’ has flowed from owners who in the course of disputes have found their rights' characteristics to be inadequate. The chapter examines sources of ‘supply’ in detail: the courts — hearing cases in property, tort or contract law; government — legislating rights and taxes directly or making rules for public-land disposal; manorial custom; and military invasion.
Elliott Sober
- Published in print:
- 2005
- Published Online:
- January 2012
- ISBN:
- 9780197263419
- eISBN:
- 9780191734175
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263419.003.0002
- Subject:
- Philosophy, Logic/Philosophy of Mathematics
This chapter discusses the scope and limits of Bayesianism. The first topics discussed are the math and philosophy embedded in Bayesianism and the standard objection to Bayesianism. The concept of ...
More
This chapter discusses the scope and limits of Bayesianism. The first topics discussed are the math and philosophy embedded in Bayesianism and the standard objection to Bayesianism. The concept of likelihood in Bayesianism is examined, and a problem of the best-case strategy of dealing with nuisance parameters is studied. Finally, the main weakness of strong Bayesianism is identified.Less
This chapter discusses the scope and limits of Bayesianism. The first topics discussed are the math and philosophy embedded in Bayesianism and the standard objection to Bayesianism. The concept of likelihood in Bayesianism is examined, and a problem of the best-case strategy of dealing with nuisance parameters is studied. Finally, the main weakness of strong Bayesianism is identified.
Luc Bauwens, Michel Lubrano, and Jean-François Richard
- Published in print:
- 2000
- Published Online:
- September 2011
- ISBN:
- 9780198773122
- eISBN:
- 9780191695315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198773122.003.0002
- Subject:
- Economics and Finance, Econometrics
This chapter presents the basic concepts and tools that are useful for modelling and for Bayesian inference. It defines density kernels useful for simplifying notation and computations and explains ...
More
This chapter presents the basic concepts and tools that are useful for modelling and for Bayesian inference. It defines density kernels useful for simplifying notation and computations and explains the likelihood principle and its implications for the Bayesian treatment of nuisance parameters. It discusses the notion of natural conjugate inference, which is an important tool of Bayesian analysis in the case of the exponential family, and provides details on the natural conjugate framework.Less
This chapter presents the basic concepts and tools that are useful for modelling and for Bayesian inference. It defines density kernels useful for simplifying notation and computations and explains the likelihood principle and its implications for the Bayesian treatment of nuisance parameters. It discusses the notion of natural conjugate inference, which is an important tool of Bayesian analysis in the case of the exponential family, and provides details on the natural conjugate framework.
Peter Ramsay
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199581061
- eISBN:
- 9780191741005
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199581061.003.0009
- Subject:
- Law, Criminal Law and Criminology
This chapter reviews the protection of subjective security interests in the criminal law of an earlier period before the Anti-Social Behaviour Order. It considers vagrancy, nuisance, the bind over, ...
More
This chapter reviews the protection of subjective security interests in the criminal law of an earlier period before the Anti-Social Behaviour Order. It considers vagrancy, nuisance, the bind over, threat offences, public order offences, and possession offences. The review of the law is not meant to cover every relevant power but rather to argue that while subjective security interests were protected in different ways, this protection remained piecemeal, implicit or justified in a traditional moralized language quite different from the later more explicit and systematic development of a liability for failure to reassure.Less
This chapter reviews the protection of subjective security interests in the criminal law of an earlier period before the Anti-Social Behaviour Order. It considers vagrancy, nuisance, the bind over, threat offences, public order offences, and possession offences. The review of the law is not meant to cover every relevant power but rather to argue that while subjective security interests were protected in different ways, this protection remained piecemeal, implicit or justified in a traditional moralized language quite different from the later more explicit and systematic development of a liability for failure to reassure.
Gijs van Donselaar
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195140392
- eISBN:
- 9780199871483
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195140392.003.0001
- Subject:
- Philosophy, Moral Philosophy
This chapter begins with a description of the case of Mr. Pickles, who in 1895 was allowed by the Judges of the House of Lords to get away with a vicious trick he had played on the community of ...
More
This chapter begins with a description of the case of Mr. Pickles, who in 1895 was allowed by the Judges of the House of Lords to get away with a vicious trick he had played on the community of Bradford, England. The year before, Pickles had deliberately diverted the course of a stream that was flowing through his land so that it no longer supplied the municipal water reservoir. The main arguments of the book are then presented. This is followed by an overview of the subsequent chapters.Less
This chapter begins with a description of the case of Mr. Pickles, who in 1895 was allowed by the Judges of the House of Lords to get away with a vicious trick he had played on the community of Bradford, England. The year before, Pickles had deliberately diverted the course of a stream that was flowing through his land so that it no longer supplied the municipal water reservoir. The main arguments of the book are then presented. This is followed by an overview of the subsequent chapters.
Anne Hardy
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203773
- eISBN:
- 9780191675966
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203773.003.0010
- Subject:
- History, British and Irish Modern History, History of Science, Technology, and Medicine
The work of the local sanitary departments in implementing both nuisance reform and more especially any version of the stamping-out policy, could only take place with the broad cooperation of the ...
More
The work of the local sanitary departments in implementing both nuisance reform and more especially any version of the stamping-out policy, could only take place with the broad cooperation of the people, the general public, for whose ultimate benefit the system was designed. The gradual transition from the popular concepts or lack of them, of hygiene and disease of the earlier Victorians to those entertained today has been a neglected study. For the large part of London's population, it is probable that the transition from one state to the other was accomplished during the Victorian period. In 1898 the Medical Officer of Health (MOH) for the City contrasted the current positive response to public-health measures with the days when the endeavours of his predecessor, Henry Letheby, were held up to obloquy as mischievous sentimentalism, fettered by the fantastic rules of a visionary system of hygiene'.Less
The work of the local sanitary departments in implementing both nuisance reform and more especially any version of the stamping-out policy, could only take place with the broad cooperation of the people, the general public, for whose ultimate benefit the system was designed. The gradual transition from the popular concepts or lack of them, of hygiene and disease of the earlier Victorians to those entertained today has been a neglected study. For the large part of London's population, it is probable that the transition from one state to the other was accomplished during the Victorian period. In 1898 the Medical Officer of Health (MOH) for the City contrasted the current positive response to public-health measures with the days when the endeavours of his predecessor, Henry Letheby, were held up to obloquy as mischievous sentimentalism, fettered by the fantastic rules of a visionary system of hygiene'.
Robert Stevens
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199211609
- eISBN:
- 9780191705946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199211609.003.0008
- Subject:
- Law, Law of Obligations
The only person who can enforce a right is the right-holder, and persons who suffer loss because of the infringement of someone else's right do not have standing to sue. So, if a parent is ...
More
The only person who can enforce a right is the right-holder, and persons who suffer loss because of the infringement of someone else's right do not have standing to sue. So, if a parent is negligently injured — her child has no standing; a husband has no claim for loss suffered as a result of the defamation of his wife; and if a nuisance disturbs the quiet enjoyment of land, only someone with a property right in the land which is infringed may claim. This chapter considers in detail the exceptions to this fundamental principle, and considers whether they can be justified. Fatal accidents, disappointed legatees, latent damage, congenital disabilities, public nuisance, and causing loss by unlawful means are each considered in detail. Further, damages are awarded solely to compensate for loss suffered by the claimant, not by third parties. How collateral benefits should be dealt with, and the interaction between the law of torts and principles of unjust enrichment, are then revealed.Less
The only person who can enforce a right is the right-holder, and persons who suffer loss because of the infringement of someone else's right do not have standing to sue. So, if a parent is negligently injured — her child has no standing; a husband has no claim for loss suffered as a result of the defamation of his wife; and if a nuisance disturbs the quiet enjoyment of land, only someone with a property right in the land which is infringed may claim. This chapter considers in detail the exceptions to this fundamental principle, and considers whether they can be justified. Fatal accidents, disappointed legatees, latent damage, congenital disabilities, public nuisance, and causing loss by unlawful means are each considered in detail. Further, damages are awarded solely to compensate for loss suffered by the claimant, not by third parties. How collateral benefits should be dealt with, and the interaction between the law of torts and principles of unjust enrichment, are then revealed.
Steven W. Bender
- Published in print:
- 2010
- Published Online:
- May 2016
- ISBN:
- 9780814791257
- eISBN:
- 9780814739136
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814791257.003.0009
- Subject:
- Law, Human Rights and Immigration
This chapter confronts the history of private means to exclude Latino/as and other unwelcome groups from residential neighborhoods by use of restrictive covenants among homeowners, as well as covert ...
More
This chapter confronts the history of private means to exclude Latino/as and other unwelcome groups from residential neighborhoods by use of restrictive covenants among homeowners, as well as covert techniques routinely employed to accomplish the same result after the Supreme Court invalidated racially discriminatory contracts as unconstitutional in a landmark case in 1948. Restrictive covenants were just one form of segregation employed against Mexican Americans and other Latino/as in the Southwest, mirroring similar practices against African Americans and other groups. The law of public and private nuisance has also been invoked to regulate different cultural and class lifestyles.Less
This chapter confronts the history of private means to exclude Latino/as and other unwelcome groups from residential neighborhoods by use of restrictive covenants among homeowners, as well as covert techniques routinely employed to accomplish the same result after the Supreme Court invalidated racially discriminatory contracts as unconstitutional in a landmark case in 1948. Restrictive covenants were just one form of segregation employed against Mexican Americans and other Latino/as in the Southwest, mirroring similar practices against African Americans and other groups. The law of public and private nuisance has also been invoked to regulate different cultural and class lifestyles.
Joel Feinberg
- Published in print:
- 1988
- Published Online:
- February 2006
- ISBN:
- 9780195052152
- eISBN:
- 9780199785872
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195052153.001.0001
- Subject:
- Philosophy, Moral Philosophy
This book is the second in a four-volume work entitled The Moral Limits of Criminal Law, which examines the acts that the state may make criminal. It focuses on the issue of offense, presenting a ...
More
This book is the second in a four-volume work entitled The Moral Limits of Criminal Law, which examines the acts that the state may make criminal. It focuses on the issue of offense, presenting a detailed analysis of offensive behavior and how it is more a nuisance than a menace. It identifies the different kinds of offenses and the standards for evaluating their seriousness. The issue of obscenity is analyzed within the context of pornography and the Constitution. Obscene words, their functions, and social and legal implications are also discussed.Less
This book is the second in a four-volume work entitled The Moral Limits of Criminal Law, which examines the acts that the state may make criminal. It focuses on the issue of offense, presenting a detailed analysis of offensive behavior and how it is more a nuisance than a menace. It identifies the different kinds of offenses and the standards for evaluating their seriousness. The issue of obscenity is analyzed within the context of pornography and the Constitution. Obscene words, their functions, and social and legal implications are also discussed.
REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199271009
- eISBN:
- 9780191699481
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271009.003.0019
- Subject:
- Law, Comparative Law
This chapter focuses on the coincidence of similarities and contrasts between South African and Scots nuisance principles. As an exercise in critical comparison it endeavours to ask not only how and ...
More
This chapter focuses on the coincidence of similarities and contrasts between South African and Scots nuisance principles. As an exercise in critical comparison it endeavours to ask not only how and to what extent the law in these two jurisdictions differs or corresponds, in substance as well as form, but also what can be learnt about the nature and future of nuisance law from such a comparison. It starts with a description of the field of application of nuisance principles, and of the uncertainties and controversies about its boundaries. This is followed by an investigation of the concept of a ‘nuisance’, that is, the notion of reasonable behaviour among neighbours that is characteristic of this branch of the law and sets its conceptual boundaries. That leads to an examination of the relationship between this notion of reasonableness and that which features in assessments of blame or fault. Here the focus falls on the place of fault among the nuisance principles applied in these two jurisdictions, and the discussion uncovers a similarity in substance behind the difference in doctrinal form that reveals much about the diverse functions of this branch of the law.Less
This chapter focuses on the coincidence of similarities and contrasts between South African and Scots nuisance principles. As an exercise in critical comparison it endeavours to ask not only how and to what extent the law in these two jurisdictions differs or corresponds, in substance as well as form, but also what can be learnt about the nature and future of nuisance law from such a comparison. It starts with a description of the field of application of nuisance principles, and of the uncertainties and controversies about its boundaries. This is followed by an investigation of the concept of a ‘nuisance’, that is, the notion of reasonable behaviour among neighbours that is characteristic of this branch of the law and sets its conceptual boundaries. That leads to an examination of the relationship between this notion of reasonableness and that which features in assessments of blame or fault. Here the focus falls on the place of fault among the nuisance principles applied in these two jurisdictions, and the discussion uncovers a similarity in substance behind the difference in doctrinal form that reveals much about the diverse functions of this branch of the law.
REINHARD ZIMMERMANN and PHILIP SIMPSON
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198299288
- eISBN:
- 9780191685651
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299288.003.0020
- Subject:
- Law, Constitutional and Administrative Law, Legal History
This chapter focuses on the legal relations that exist between neighbours within the context of liability and nuisance. In this chapter, focus is directed to the tort of nuisance. It aims to ...
More
This chapter focuses on the legal relations that exist between neighbours within the context of liability and nuisance. In this chapter, focus is directed to the tort of nuisance. It aims to determine the nature of the liability regime in cases which English lawyers would traditionally regard as being covered by the rule, such as in Rylands v. Fletcher. It discusses developments of Scots law in terms of liability and nuisance.Less
This chapter focuses on the legal relations that exist between neighbours within the context of liability and nuisance. In this chapter, focus is directed to the tort of nuisance. It aims to determine the nature of the liability regime in cases which English lawyers would traditionally regard as being covered by the rule, such as in Rylands v. Fletcher. It discusses developments of Scots law in terms of liability and nuisance.
Valerie Allen
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780719085062
- eISBN:
- 9781526104267
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719085062.003.0004
- Subject:
- Literature, 16th-century and Renaissance Literature
In this chapter, Allen presents the road as a social actor participating in a community traditionally defined exclusively by humans as commuters. Her study centres on when roads are in disrepair or ...
More
In this chapter, Allen presents the road as a social actor participating in a community traditionally defined exclusively by humans as commuters. Her study centres on when roads are in disrepair or have suffered ‘street-breaking’ (stretbreche), to use the earliest legal wording, whether through the action of wear and tear, weather, vandalism, or neglect. The word ‘break’ offers a conceptually useful critical term for a process that affords environmental reconfiguration and new social grouping even as it refers to rupture within the commuter system. In particular Allen studies the interventions and modifications necessary to maintain paved surfaces and how they were funded—usually through bequests, charitable gifts, and tolls. In this solicitude for surfaces she analyses the interaction of environment with human action: how open fields affect the definition of loitering; how increasing density of urban traffic and enclosed road space structure civic consciousness; and how caring for the road fashions one as a member not only of the local community but also of the realm. The mentalité that emerges out of the collectively shared labour of road care demonstrates how thought organizes itself around and in relation not only to habitual actions but also to the shaped contours of an environment that acts as assertively as humans do.Less
In this chapter, Allen presents the road as a social actor participating in a community traditionally defined exclusively by humans as commuters. Her study centres on when roads are in disrepair or have suffered ‘street-breaking’ (stretbreche), to use the earliest legal wording, whether through the action of wear and tear, weather, vandalism, or neglect. The word ‘break’ offers a conceptually useful critical term for a process that affords environmental reconfiguration and new social grouping even as it refers to rupture within the commuter system. In particular Allen studies the interventions and modifications necessary to maintain paved surfaces and how they were funded—usually through bequests, charitable gifts, and tolls. In this solicitude for surfaces she analyses the interaction of environment with human action: how open fields affect the definition of loitering; how increasing density of urban traffic and enclosed road space structure civic consciousness; and how caring for the road fashions one as a member not only of the local community but also of the realm. The mentalité that emerges out of the collectively shared labour of road care demonstrates how thought organizes itself around and in relation not only to habitual actions but also to the shaped contours of an environment that acts as assertively as humans do.
Joel Feinberg
- Published in print:
- 1988
- Published Online:
- February 2006
- ISBN:
- 9780195052152
- eISBN:
- 9780199785872
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195052153.003.0001
- Subject:
- Philosophy, Moral Philosophy
The offense principle requires that an unpleasant state of mind or offense be produced wrongfully by another party, but not that it be an offense in the strict sense of ordinary language. The ...
More
The offense principle requires that an unpleasant state of mind or offense be produced wrongfully by another party, but not that it be an offense in the strict sense of ordinary language. The legislative problem of determining when offensive conduct is a public or criminal nuisance could be expressed, with equal accuracy, as a problem about determining the extent of personal privacy or autonomy. The former way of describing the matter lends itself to talk of balancing the independent value or reasonableness of the offending conduct against the seriousness of the offense cause, whereas the latter way lends itself to talk of drawing boundaries between the various private domains of persons, and between private domains of a person and the public world.Less
The offense principle requires that an unpleasant state of mind or offense be produced wrongfully by another party, but not that it be an offense in the strict sense of ordinary language. The legislative problem of determining when offensive conduct is a public or criminal nuisance could be expressed, with equal accuracy, as a problem about determining the extent of personal privacy or autonomy. The former way of describing the matter lends itself to talk of balancing the independent value or reasonableness of the offending conduct against the seriousness of the offense cause, whereas the latter way lends itself to talk of drawing boundaries between the various private domains of persons, and between private domains of a person and the public world.
