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This comprehensive Research Handbook provides an unparalleled
overview of contemporary private law theory. Featuring original
contributions by leading experts in the field, its extensive
examinations of the core areas of contracts, property and torts are
complemented by an exploration of a breadth of topics that cross
the divide between private and public law, including labor law and
corporate law. Beginning with a nuanced consideration of the ways
in which the private/public distinction has been defined and
discussed over time, the Research Handbook investigates and
compares differing viewpoints on the concept of private law.
Chapters explore key issues in the theory of private law from
legal, economic, philosophical, political, feminist, historical and
sociological perspectives, utilising a rich diversity of
methodological approaches. The contributors also offer a variety of
views on the future of private law and private theory. The Research
Handbook on Private Law Theory will be an essential resource for
legal thinkers, in particular scholars and graduate students
working in any area of private law. Its varied perspectives on the
subject will also be of interest to philosophers, political
scientists, economists and sociologists.
Two preeminent legal scholars explain what tort law is all about
and why it matters, and describe their own view of tort's
philosophical basis: civil recourse theory. Tort law is badly
misunderstood. In the popular imagination, it is "Robin Hood" law.
Law professors, meanwhile, mostly dismiss it as an archaic,
inefficient way to compensate victims and incentivize safety
precautions. In Recognizing Wrongs, John Goldberg and Benjamin
Zipursky explain the distinctive and important role that tort law
plays in our legal system: it defines injurious wrongs and provides
victims with the power to respond to those wrongs civilly. Tort law
rests on a basic and powerful ideal: a person who has been
mistreated by another in a manner that the law forbids is entitled
to an avenue of civil recourse against the wrongdoer. Through tort
law, government fulfills its political obligation to provide this
law of wrongs and redress. In Recognizing Wrongs, Goldberg and
Zipursky systematically explain how their "civil recourse"
conception makes sense of tort doctrine and captures the ways in
which the law of torts contributes to the maintenance of a just
polity. Recognizing Wrongs aims to unseat both the leading
philosophical theory of tort law-corrective justice theory-and the
approaches favored by the law-and-economics movement. It also sheds
new light on central figures of American jurisprudence, including
former Supreme Court Justices Oliver Wendell Holmes, Jr., and
Benjamin Cardozo. In the process, it addresses hotly contested
contemporary issues in the law of damages, defamation, malpractice,
mass torts, and products liability.
Torts--personal injury law--is a fundamental yet controversial part
of our legal system. The Oxford Introductions to U.S. Law: Torts
provides a clear and comprehensive account of what tort law is, how
it works, what it stands to accomplish, and why it is now
much-disputed. Goldberg and Zipursky--two of the world's most
prominent tort scholars--carefully analyze leading judicial
decisions and prominent tort-related legislation, and place each
event into its proper context. Topics covered include products
liability, negligence, medical malpractice, intentional torts,
defamation and privacy torts, punitive damages, and tort reform.
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