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Knowledge of legal language and the ability to use it effectively are essential requirements for students who have chosen to study law. A comprehensive course in English specially prepared for undergraduate students of law, this book aims to train students in both these aspects.
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.
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
When Governor Terry Sanford established the North Carolina Fund in 1963, he saw it as a way to provide a better life for the "tens of thousands whose family income is so low that daily subsistence is always in doubt." Illustrated with evocative photographs by Billy Barnes, To Right These Wrongs offers a lively account of this pioneering effort in America's War on Poverty. Robert Korstad and James Leloudis describe how the Fund's initial successes grew out of its reliance on private philanthropy and federal dollars and its commitment to the democratic mobilization of the poor. Both were calculated tactics designed to outflank conservative state lawmakers and entrenched local interests that nourished Jim Crow, perpetuated one-party politics, and protected an economy built on cheap labor. By late 1968, when the Fund closed its doors, a resurgent politics of race had gained the advantage, led by a Republican Party that had reorganized itself around opposition to civil rights and aid to the poor. The North Carolina Fund came up short in its battle against poverty, but its story continues to be a source of inspiration and instruction for new generations of Americans.
First Published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.