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Private Wrongs (Hardcover)
Loot Price: R1,224
Discovery Miles 12 240
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Private Wrongs (Hardcover)
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A waiter spills hot coffee on a customer. A person walks on another
person's land. A moored boat damages a dock during a storm. A
frustrated neighbor bangs on the wall. A reputation is ruined by a
mistaken news report. Although the details vary, the law recognizes
all of these as torts, different ways in which one person wrongs
another. Tort law can seem puzzling: sometimes people are made to
pay damages when they are barely or not at fault, while at other
times serious losses go uncompensated. In this pioneering book,
Arthur Ripstein brings coherence and unity to the baffling
diversity of tort law in an original theory that is philosophically
grounded and analytically powerful. Ripstein shows that all torts
violate the basic moral idea that each individual is in charge of
his or her own person and property, and never in charge of another
individual's person or property. Battery and trespass involve one
person wrongly using another's body or things, while negligence
injures others by imposing risks to them in ways that are
inconsistent with their independence. Tort remedies aim to provide
a substitute for the right that was violated. As Private Wrongs
makes clear, tort law not only protects our bodies and property but
constitutes our entitlement to use them as we see fit, consistent
with the entitlement of others to do the same.
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