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The Injurer’s Self-Risk Puzzle

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0003
Subject:
Law, Comparative Law

This chapter considers a misalignment due to courts' ignorance of the injurer's self-risk when they set the standard of care. In setting the standards of care, courts consider the risks the injurer ... More


‘Boys Will Be Boys’: The Child Defendant and the Objective Standard

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0003
Subject:
Law, Philosophy of Law

The problem of how to judge individuals with cognitive or intellectual shortcomings illustrates one aspect of the ‘trouble’ with the reasonable person and thus raises a series of questions implicated ... More


The Relationship between Nonlegal Sanctions and Damages

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0012
Subject:
Law, Comparative Law

This chapter examines positive externalities caused by nonlegal sanctions. It first considers a wrongdoer's incentives in cases where nonlegal sanctions are dead-weight losses versus cases where ... More


Introduction

James C. Raines

in Evidence-Based Practice in School Mental Health

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366266
eISBN:
9780199864027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366266.003.0001
Subject:
Social Work, Children and Families, Research and Evaluation

This introductory chapter addresses five major reasons for evidence-based practice and three philosophies of science that might serve to under gird it. The five reasons are ethical, legal, clinical, ... More


Fear of the Common Good and the Neglect of Justice

Alex John London

in For the Common Good: Philosophical Foundations of Research Ethics

Published in print:
2022
Published Online:
December 2021
ISBN:
9780197534830
eISBN:
9780197534861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197534830.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter traces the practical and conceptual origins of eight problematic commitments including the perception that there is an inherent moral dilemma at the heart of research with humans and the ... More


Justice and the Human Development Approach to International Research

Alex John London

in For the Common Good: Philosophical Foundations of Research Ethics

Published in print:
2022
Published Online:
December 2021
ISBN:
9780197534830
eISBN:
9780197534861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197534830.003.0009
Subject:
Philosophy, Moral Philosophy

This chapter articulates and defends the human development approach to international research. This approach extends into the international context the egalitarian research imperative outlined in ... More


Cost and Quality in Higher Education

Robert B. Archibald and David H. Feldman

in Why Does College Cost So Much?

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744503
eISBN:
9780199866168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744503.003.0005
Subject:
Economics and Finance, Financial Economics

The previous chapter explained why technological innovation increases the demand for highly skilled workers in the economy. These same changes affect higher education. Higher education is much more ... More


De-professionalism as defined by services deemed unconventional, under-performing or ineffectual

Nigel Malin

in De-Professionalism and Austerity: Challenges for the Public Sector

Published in print:
2020
Published Online:
September 2020
ISBN:
9781447350163
eISBN:
9781447352273
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447350163.003.0008
Subject:
Political Science, Public Policy

This chapter discusses reports that some hospitals and primary care services are ‘under-performing’ due to a lack of health and social care professionals, particularly in areas like critical care, ... More


Birth Models That Work

Robbie Davis-Floyd, Lesley Barclay, and Jan Tritten (eds)

Published in print:
2009
Published Online:
May 2012
ISBN:
9780520248632
eISBN:
9780520943339
Item type:
book
Publisher:
University of California Press
DOI:
10.1525/california/9780520248632.001.0001
Subject:
Anthropology, Medical Anthropology

This book takes us around the world in search of birth models that work in order to improve the standard of care for mothers and families everywhere. The contributors describe examples of maternity ... More


GID in Hong Kong: A Critical Overview of Medical Treatments for Transsexual Patients

Eleanor Cheung

in As Normal as Possible: Negotiating Sexuality and Gender in Mainland China and Hong Kong

Published in print:
2010
Published Online:
September 2011
ISBN:
9789622099876
eISBN:
9789882206625
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099876.003.0005
Subject:
Society and Culture, Asian Studies

This chapter briefly discusses Gender Identity Disorder (GID), the Standards of Care advocated by Harry Benjamin, and the treatment transsexual patients have been receiving in Hong Kong since 1986. ... More


Should Tort Law Demand the Impossible?

Adam Slavny

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/9780190865269.003.0017
Subject:
Law, Criminal Law and Criminology

This chapter critically examines the moral justification of two settled features of tort law—the objective standard of care and strict liability—insofar as they appear to violate the putative moral ... More


Myths of Malpractice: Liability Risk in American Maternity Care

Louise Marie Roth

in The Business of Birth: Malpractice and Maternity Care in the United States

Published in print:
2021
Published Online:
September 2021
ISBN:
9781479812257
eISBN:
9781479826117
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479812257.003.0004
Subject:
Sociology, Health, Illness, and Medicine

This chapter explores the institutional culture of American maternity care and analyzes the common belief that malpractice lawsuits are arbitrary, unpredictable, and irrational threats. The high cost ... More


Personalized Legal Areas

Omri Ben-Shahar and Ariel Porat

in Personalized Law: Different Rules for Different People

Published in print:
2021
Published Online:
June 2021
ISBN:
9780197522813
eISBN:
9780197522844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197522813.003.0004
Subject:
Law, Comparative Law

This chapter illustrates personalized law “in action” by examining it in three areas of the law: standards of care under the common law tort doctrine of negligence, mandated consumer protections in ... More


Liability in Emergency Cases

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0017
Subject:
Law, EU Law

An extraordinary category concerns the liability in cases of emergency. This chapter examines whether someone can be liable for damage he causes (or rather did not prevent from happening) for failing ... More


Recovery for Physical Harm: The Case of Medical Malpractice

Mauro Bussani, Anthony J. Sebok, and Marta Infantino

in Common Law and Civil Law Perspectives on Tort Law

Published in print:
2022
Published Online:
May 2022
ISBN:
9780195368383
eISBN:
9780199365982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195368383.003.0003
Subject:
Law, Comparative Law

This chapter focuses on medical malpractice as one of the paradigm examples of liability for personal injury. In this field, all the systems studied in the book provide a roughly identical answer to ... More


For the Common Good: Philosophical Foundations of Research Ethics

Alex John London

Published in print:
2022
Published Online:
December 2021
ISBN:
9780197534830
eISBN:
9780197534861
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197534830.001.0001
Subject:
Philosophy, Moral Philosophy

The foundations of research ethics are riven with fault lines emanating from a fear that if research is too closely connected to weighty social purposes an imperative to advance the common good ... More


Neuroscience and Tort Law Doctrine

Peter A. Alces

in The Moral Conflict of Law and Neuroscience

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226513362
eISBN:
9780226513676
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226513676.003.0004
Subject:
Law, Philosophy of Law

Chapter Four discusses in broad strokes the potential impact of neuroscientific findings on tort law doctrine—including the standard of care, proximate causation, and the compensability as well as ... More


Negligence (and Strict Liability)

Mauro Bussani, Anthony J. Sebok, and Marta Infantino

in Common Law and Civil Law Perspectives on Tort Law

Published in print:
2022
Published Online:
May 2022
ISBN:
9780195368383
eISBN:
9780199365982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195368383.003.0002
Subject:
Law, Comparative Law

This chapter focuses on negligence and its relationship with no-fault liability regimes. In particular, the chapter explores three issues that deserve the spotlight in the comparative law ... More


Enhancing Responsibility

Nicole A Vincent

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0013
Subject:
Philosophy, Moral Philosophy

We normally think that responsibility tracks mental capacity — i.e. that people’s responsibility diminishes when their mental capacities are compromised, and that it is restored as those capacities ... More


Introduction

Alex John London

in For the Common Good: Philosophical Foundations of Research Ethics

Published in print:
2022
Published Online:
December 2021
ISBN:
9780197534830
eISBN:
9780197534861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197534830.003.0001
Subject:
Philosophy, Moral Philosophy

This chapter provides an overview of the main arguments in the book. It outlines eight problematic commitments that cause fault lines in the foundations of research ethics and that are rejected in ... More


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