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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.
"This book is indispensable for any beginning legal academic, and a useful guide for even the most experienced researcher. With the rapid proliferation of legal literature, and its increasing globalization, neither memory nor intuition is sufficient to inform legal scholars of the published sources likely to be relevant for their own work. The authors provide a step-by-step solution that is clear, succinct and eminently practical, something that should be read before one embarks on legal research and consulted regularly as one proceeds."--Professor Ed Rubin *** In short, a literature review is the comprehensive study and interpretation of literature that relates to a particular topic. While legal scholars have increasingly started to emphasize the importance of conducting a systematic literature review prior to embarking on a larger academic research venture, discipline-specific guidelines have been absent until now. This book fills this gap by offering a step-by-step guide to doing a systematic literature review in legal scholarship. It first discusses what a systematic literature review is and why it is so important. It then moves consecutively through the process of delineating your topic and determining what information to search for, designing and carrying out a systematic search for relevant literature, critically appraising the literature, and synthesizing, discussing and presenting your findings. This will be vital reading for all those undertaking their undergraduate thesis, PhD dissertation, or any other research module that involves conducting academic research. [Subject: Legal Research, Legal Methodology]
Resource added for the Paralegal program 101101.
Principles of Legal Research provides comprehensive yet concise coverage of research methods in both online and printed resources. It has been thoroughly updated to explain the latest features of the major legal research platforms as well as dozens of other free and subscription websites. In this expanded and reorganized edition, an introductory survey of research strategies is followed by discussion of major secondary sources, treatment of the sources of U.S. law created by each branch of government, chapters on specialized resources for litigation and transactional practice, and an overview of international and foreign law. Other new features include a deeper look at search algorithms and executive branch lawmaking. Sample illustrations are included throughout, and an appendix lists hundreds of major treatises and topical services by subject.
This innovative book draws together literature, law and economic and social history to investigate the meanings and uses of legitimacy in nineteenth-century Britain. This broad range of essays highlights the ways in which contested narratives and interested performances shaped the idea of legitimate authority during this period.
First published in 1996. The first anthology of its kind in this dynamic new field of study, this volume offers students the best of both worlds-theory and literature. Organized around specific themes to facilitate use of the text in a variety of courses, the material is highly accessible to undergraduates and is suitable as well for graduate students and law students. The anthology includes important articles by key figures in the law and literature debate, and presents seven thematically arranged sections that: Survey the various theoretical perspectives that inform the relationship of law and literature Examine the interplay of ethics, law, and justice * Highlight the great scope and variety of the law's contributions to the creation of a world view * Illustrate various legal approaches to punishment * Detail and analyze the law's inherent capacity for the oppression of individuals and groups * Demonstrate that law is grounded in language and storytelling * Show that despite its solemnity, the law has a comic side Each section includes excerpts from poetry, drama, fiction, and nonfiction. The excerpts include writings addressing the law's impact on the "outsider" (women, Native Americans, Hispanics, African Americans, and homosexuals), as well as writings by lawyers, judges, and law professors, giving the reader an "insider's" view of the legal system. The selections range from Plato to John Barth and Wallace Stevens. At this time of increased interest in the quality of legal writing, this course material illustrates the importance of language, word choice, metaphor, and narrative. It demonstrates the practical application of literary effects, techniques, and devices, and provides valuable insights into law as a vital component of the social fabric. SPECIAL FEATURES All law schools that do not already have one in place are required to institute a course in Law and Literature. This new anthology is the first of its kind, and has been specifically designed to meet the requirements of a Law and Literature course * Selections from judges, lawyers, and professors of law give students an insider's view of the legal system * Chronological coverage-from Plato to such 20th-century writers as John Barth and Wallace Stevens-offers students a broad range of selections that examine the relationship between law, justice, ethics, and literature * Multicultural writings address the law's capacity for the oppression of individuals and groups, including women, Native Americans, African Americans, Hispanics, and homosexuals * Law and punishment-several selections examine this area from various points of view. Suitable for courses in: Law and literature courses in law schools and undergraduate divisions as well as interdisciplinary courses in English literature.
Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.