Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Tort Wars (Hardcover, New)
Loot Price: R1,603
Discovery Miles 16 030
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Tort Wars (Hardcover, New)
Expected to ship within 12 - 17 working days
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Tort Wars brings together the diverse and usually insufficiently
related strands of tort law and treats the moral, economic, and
systemic problems running through those strands with a single
analysis and theory. In that tort law employs theory at all, it is
typically theory measured against notions of corrective justice or
appeals to utility. Both have severe prescriptive restrictions and
limited explanatory power and often stray from any useful
description of tort cases in the courts. Tort Wars looks at the
nature of dispute resolution techniques, criticizes the blase
justice and more esoteric utility theory, and examines the problems
of both the legal academy and the veracity vacuum in the courtroom.
Further, it explores the conceptual differences between tort and
contract, locating contract as a subset of tort. It uses examples
drawn from the edges of tort law in an attempt to measure central
cases by the marginal ones and to provide a barometer of emerging
legal and social change, achieved through imposing an
individualized peace.
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