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Wrongs, Harms, and Compensation

Author: Adam Slavny

Publisher: Oxford University Press

Published: 2023-09

Total Pages: 241

ISBN-13: 0192864564

Non-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.

Bloody Bioethics

Author: James Stacey Taylor

Publisher: Routledge

Published: 2022-03-10

Total Pages: 170

ISBN-13: 1000553868

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This is the first book to argue in favor of paying people for their blood plasma. It does not merely argue that offering compensation to plasma donors is morally permissible. It argues that prohibiting donor compensation is morally wrong—and that it is morally wrong for all of the reasons that are offered against allowing donor compensation. Opponents of donor compensation claim that it will reduce the amount and quality of plasma obtained, exploit and coerce donors, and undermine social cohesion. James Stacey Taylor argues that empirical evidence demonstrates that compensating plasma donors greatly increases the amount of plasma obtained with no adverse effects on the quality of the pharmaceutical products that are manufactured from it. Prohibiting compensation thus harms patients by reducing their access to the medicines they need. He also argues that it is the prohibition of compensation—not its offer—that exploits donors, fails to respect the moral need to secure a person’s authoritative consent to her treatment, and prevents donors from giving their informed consent to donate. Prohibiting compensation thus not only harms patients but also wrongs donors. Bloody Bioethics will appeal to researchers, advanced students, and medical professionals interested in bioethics, moral philosophy, and the moral limits of markets.

Oxford Studies in Private Law Theory: Volume I

Author: Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller

Publisher: Oxford University Press, USA

Published: 2021-01-15

Total Pages: 257

ISBN-13: 0198851359

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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.

Civil Wrongs and Justice in Private Law

Author: Paul B. Miller

Publisher: Oxford University Press

Published: 2020-02-05

Total Pages: 553

ISBN-13: 0190865288

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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.

Private Wrongs

Author: Arthur Ripstein

Publisher: Harvard University Press

Published: 2016-04-05

Total Pages: 328

ISBN-13: 0674659805

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Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.

Historical Redress

Author: Richard Vernon

Publisher: A&C Black

Published: 2012-07-12

Total Pages: 186

ISBN-13: 1441121315

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An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.

Recognizing Wrongs

Author: John C. P. Goldberg

Publisher: Belknap Press

Published: 2020

Total Pages: 393

ISBN-13: 0674241703

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"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--

State Liability

Author: Carol Harlow

Publisher: Clarendon Law Lectures

Published: 2004

Total Pages: 176

ISBN-13:

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The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension oftortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court ofHuman Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.

Philosophical Foundations of the Law of Torts

Author: John Oberdiek

Publisher:

Published: 2014-02

Total Pages: 464

ISBN-13: 0198701381

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This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Accidental Activists

Author: Celeste L. Arrington

Publisher: Cornell University Press

Published: 2016-03-01

Total Pages: 249

ISBN-13: 1501703366

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Government wrongdoing or negligence harms people worldwide, but not all victims are equally effective at obtaining redress. In Accidental Activists, Celeste L. Arrington examines the interactive dynamics of the politics of redress to understand why not. Relatively powerless groups like redress claimants depend on support from political elites, active groups in society, the media, experts, lawyers, and the interested public to capture democratic policymakers' attention and sway their decisions. Focusing on when and how such third-party support matters, Arrington finds that elite allies may raise awareness about the victims’ cause or sponsor special legislation, but their activities also tend to deter the mobilization of fellow claimants and public sympathy. By contrast, claimants who gain elite allies only after the difficult and potentially risky process of mobilizing societal support tend to achieve more redress, which can include official inquiries, apologies, compensation, and structural reforms.Arrington draws on her extensive fieldwork to illustrate these dynamics through comparisons of the parallel Japanese and South Korean movements of victims of harsh leprosy control policies, blood products tainted by hepatitis C, and North Korean abductions. Her book thereby highlights how citizens in Northeast Asia—a region grappling with how to address Japan’s past wrongs—are leveraging similar processes to hold their own governments accountable for more recent harms. Accidental Activists also reveals the growing power of litigation to promote policy change and greater accountability from decision makers.