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Reprint of the original, first published in 1882.
This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
This seventh volume in the Collected Works of Florence Nightingale consists of letters, observations, and notes from Florence Nightingale’s many trips to Europe, beginning with a family journey when she was a teenager. It includes annotations she made on opera libretti from her “music mad” phase and her winter in Rome (1847-48) which were so important in shaping her liberal politics and support for independence movements. Her letters and notes from Greece and central Europe in 1850, and her Kaisers- werth stay in 1851, reveal her developing ideas on social reform, as well as her first professional training. Materials from 1853 provide information on her training in Paris hospitals. Volume 7 also contains letters and observations from her excursions to Scotland, Ireland, and all over England, from her childhood on. Many of the letters in European Travels were uncatalogued items buried in archives and will be new to Nightingale scholars. The information gathered in this volume adds considerably to what can be learned about the formative influences in Nightingale’s life, politics, and faith. Currently, Volumes 1 to 11 are available in e-book version by subscription or from university and college libraries through the following vendors: Canadian Electronic Library, Ebrary, MyiLibrary, and Netlibrary.
During the late nineteenth century, many countries across Europe adopted national legislation that required employers to compensate workers injured or killed in accidents at work. These laws suggested that the risk of accidents was inherent to work and not due to individual negligence. By focusing on Britain, Germany, and Italy during this time, Julia Moses demonstrates how these laws reflected a major transformation in thinking about the nature of individual responsibility and social risk. The First Modern Risk illuminates the implications of this conceptual revolution for the role of the state in managing problems of everyday life, transforming understandings about both the obligations and rights of individuals. Drawing on a wide array of disciplines including law, history, and politics, Moses offers a fascinating transnational view of a pivotal moment in the evolution of the welfare state.
Originally published in 1987, this study assesses the extent to which social and economic conditions affected the outcome of Reichstag and Landtag elections. It discusses the economic development in the district of Düsseldorf both before and during the period covered, 1867-1878; it also examines those social conditions in the region that remained static from 1867 – 1878, but also considers, as a background to each election or set of elections, short term changes in economic and social conditions.