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Rediscovering the Law of Negligence - Allan Beever
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ISBN: 9781841139753

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence. ...an ambitious, well-researched and thought-provoking work, which will appeal to those interested in the academic debate as to the nature of the tort of negligence, reviving the argument that it could be unified under a set of key principles.Paula Giliker, Professional NegligenceStudents and practitioners will...find the book valuable...Rediscovering the Law of Negligence asks serious questions about liability, compensation, and justice which is unlikely to leave any reader unmoved.David Dickinson, New Zealand Lawyer Magazine...offers one of the most accessible introductions to corrective justice and interpretative legal theory that can be found in the relevant literature.Jason W Neyers, King's Law Journal Allan Beever, Books, Reference and Language, Rediscovering the Law of Negligence Books>Reference and Language This book offers a systematic and theoretical exploration of the law of negligence. It re-establishes the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are, and must be, based on individual policy decisions, and that the task of the judge or commentator is to shape the law in terms of the relevant policies as s/he sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. Now in paperback, the book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law even as it now exists

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Rediscovering the Law of Negligence - Allan Beever
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Allan Beever:

Rediscovering the Law of Negligence - neues Buch

ISBN: 9781841139753

ID: 978184113975

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence. ...an ambitious, well-researched and thought-provoking work, which will appeal to those interested in the academic debate as to the nature of the tort of negligence, reviving the argument that it could be unified under a set of key principles.Paula Giliker, Professional NegligenceStudents and practitioners will...find the book valuable...Rediscovering the Law of Negligence asks serious questions about liability, compensation, and justice which is unlikely to leave any reader unmoved.David Dickinson, New Zealand Lawyer Magazine...offers one of the most accessible introductions to corrective justice and interpretative legal theory that can be found in the relevant literature.Jason W Neyers, King's Law Journal Allan Beever, Books, Reference and Language, Rediscovering the Law of Negligence Books>Reference and Language, Hart Publishing Ltd.

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Rediscovering The Law Of Negligence
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Rediscovering The Law Of Negligence - neues Buch

ISBN: 9781841139753

ID: 9630969

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the. Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence. ".an ambitious, well-researched and thought-provoking work, which will appeal to those interested in the academic debate as to the nature of the tort of negligence, reviving the argument that it could be unified under a set of key principles." Paula Giliker, Professional Ne. Books, Business, Finance and Law~~Laws of Specific Jurisdictions~~Environment, Transport & Planning Law, Rediscovering The Law Of Negligence~~Book~~9781841139753~~Allan Beever, , , , , , , , , ,, [PU: Hart Publishing]

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Rediscovering the Law of Negligence Privacy as Autonomy - Allan Beever
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2009, ISBN: 9781841139753

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Rediscovering the Law of Negligence
Autor:

Beever

Titel:

Rediscovering the Law of Negligence

ISBN-Nummer:

9781841139753

This book offers a systematic and theoretical exploration of the law of negligence. It re-establishes the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are, and must be, based on individual policy decisions, and that the task of the judge or commentator is to shape the law in terms of the relevant policies as s/he sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. Now in paperback, the book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law even as it now exists

Detailangaben zum Buch - Rediscovering the Law of Negligence


EAN (ISBN-13): 9781841139753
ISBN (ISBN-10): 1841139750
Taschenbuch
Erscheinungsjahr: 2009
Herausgeber: HART PUB
530 Seiten
Sprache: eng/Englisch

Buch in der Datenbank seit 30.01.2010 19:04:09
Buch zuletzt gefunden am 17.09.2016 21:28:52
ISBN/EAN: 9781841139753

ISBN - alternative Schreibweisen:
1-84113-975-0, 978-1-84113-975-3

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