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The Law of Tort: Causing Harm

H. L. A. Hart

in Causation in the Law

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198254744
eISBN:
9780191681523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254744.003.0008
Subject:
Law, Philosophy of Law

This chapter inquires how far in the law of tort are the decisions of the courts have been controlled by the principle that this connection is negatived if the factors required when causal connection ... More


Concurrent Causes and Contributory Negligence

H. L. A. Hart

in Causation in the Law

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198254744
eISBN:
9780191681523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254744.003.0010
Subject:
Law, Philosophy of Law

Chapter VI discussed the principles on which a third factor might be held, on the traditional view, to negative causal connection between a wrongful act and some harm of which the wrongful act was a ... More


Crime and Punishment: A Concise Moral Critique

Hyman Gross

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral ... More


Diplomatic Protection in Context

Chittharanjan F. Amerasinghe

in Diplomatic Protection

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199212385
eISBN:
9780191707230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212385.003.0003
Subject:
Law, Public International Law

This chapter discusses the essence of diplomatic protection. According to the International Law Commission, diplomatic protection consists of the invocation by a State, through diplomatic action or ... More


The Place of Non-Forcible Counter-Measures in Contemporary International Law

Omer Yousif Elagab

in The Reality of International Law: Essays in Honour of Ian Brownlie

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268376
eISBN:
9780191683510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268376.003.0006
Subject:
Law, Public International Law

This chapter examines the role of non-forcible counter-measures in the enforcement of contemporary international law. It analyses the conditions for resorting to non-forcible counter-measures against ... More


A Final Thought on Moral Wrongfulness

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0012
Subject:
Law, Philosophy of Law, Employment Law

The focus in Part II has been on the various distinct ways in which people commit wrongful acts. The attempt has been to think about each kind of wrong in isolation — separated both from harms and ... More


The Law of Tort: Inducing Wrongful Acts, Occasioning Harm

H. L. A. Hart

in Causation in the Law

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198254744
eISBN:
9780191681523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254744.003.0009
Subject:
Law, Philosophy of Law

This chapter first studies the place in the law of tort, of such notions as ‘inducing’, ‘enticing’, and ‘intimidating’ and the dividing lines drawn by courts between these and merely ‘advising’ or ... More


Evidence and Procedure

H. L. A. Hart

in Causation in the Law

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198254744
eISBN:
9780191681523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254744.003.0017
Subject:
Law, Philosophy of Law

This chapter deals with certain questions of evidence and procedure as they touch those issues which may, in the broadest sense be termed ‘causal’. How are such issues settled? What is involved in ... More


State Responsibility for State Organized Crime

Henri Decoeur

in Confronting the Shadow State: An International Law Perspective on State Organized Crime

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198823933
eISBN:
9780191862649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823933.003.0003
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 2 discusses whether the involvement of senior public officials in organized crime may amount to an internationally wrongful act of the state. It shows that the conduct of state officials ... More


Human Rights and International Humanitarian Law Breaches Attributable to International Organizations

Carla Ferstman

in International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808442
eISBN:
9780191846144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808442.003.0003
Subject:
Law, Public International Law

The chapter considers how to determine whether a particular internationally wrongful act is attributable to an international organization, or another actor under international law. It considers the ... More


International Responsibility for EU Military Operations: Finding the EU’s Place in the Global Accountability Regime

Aurel Sari and Ramses A Wessel

in The EU's Role in Global Governance: The Legal Dimension

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199659654
eISBN:
9780191748189
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199659654.003.0009
Subject:
Law, EU Law, Public International Law

This chapter establishes what rules govern the attribution of wrongful acts committed by EU military operations. Given the complex division of competences between the EU and its Member States in the ... More


Employer Liability for Sexual Harassment by Supervisors

David B. Oppenheimer

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0018
Subject:
Law, Employment Law

This chapter discusses the difference in the rules of liability for employers when it enters the area of sexual harassment. Traditionally, and as a general proposition, employers are vicariously ... More


Accountability and Multinational Military Operations

Paulina Starski

in The 'Legal Pluriverse' Surrounding Multinational Military Operations

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198842965
eISBN:
9780191878855
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198842965.003.0016
Subject:
Law, Public International Law

The chapter focuses on the rules on ‘international legal responsibility’ of states and international organizations as one scheme of holding actors of multinational military operations ‘accountable’. ... More


Penance and Personalized Desert

Andrew von Hirsch

in Censure and Sanctions

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198262411
eISBN:
9780191682339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262411.003.0017
Subject:
Law, Criminal Law and Criminology

The personalised sentence, designed to fit the defendant's personality and needs, was associated with penal rehabilitationism. Faith in it has waned for a variety of reasons. Treatment no longer ... More


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