Description:Inspired by the contemporary debate over tort reform, Justice and Tort Law examines the moral and political bases of tort law to determine whether this movement is good or bad, and to offer insights into the law's uncertain future. Calnan argues that all torts share a common, liberal purpose: to protect and promote the freedom of parties in conflict. To demonstrate this, he offers a comprehensive theory of rights which shows how tort law balances the respective interests of injurers and their victims. Calnan reveals how his rights analysis satisfies the demands of justice. Examining many previously under-explored aspects of this issue, he concludes that tort law relies not only on the concept of corrective justice, but also on the notions of distributive justice, retribution and reciprocity. From this foundation, the author constructs groundbreaking theories of wrongdoing and causation. Specifically, Calnan argues that tortious wrongdoing is a matter of distributive, not corrective justice, and is better understood as a political, rather than a purely moral, concept. He proposes looking at causation from a practical, political standpoint of assigning responsibility for harmful conduct. In the end, the book presents a new approach for analyzing tortious encounters that divides injurious encounters into calculated transactions, random transactions, and relations. Calnan concludes that attorneys must examine the transactional and relational circumstances that precipitate our current tort disputes in order to determine the justice of the unprecedented conflicts that await us in the twenty-first century. This book will especially be of interest to scholars and attorneys interested in tort law reform, legal philosophy, legal history and moral ethics.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Justice and Tort Law. To get started finding Justice and Tort Law, you are right to find our website which has a comprehensive collection of manuals listed. Our library is the biggest of these that have literally hundreds of thousands of different products represented.
Description: Inspired by the contemporary debate over tort reform, Justice and Tort Law examines the moral and political bases of tort law to determine whether this movement is good or bad, and to offer insights into the law's uncertain future. Calnan argues that all torts share a common, liberal purpose: to protect and promote the freedom of parties in conflict. To demonstrate this, he offers a comprehensive theory of rights which shows how tort law balances the respective interests of injurers and their victims. Calnan reveals how his rights analysis satisfies the demands of justice. Examining many previously under-explored aspects of this issue, he concludes that tort law relies not only on the concept of corrective justice, but also on the notions of distributive justice, retribution and reciprocity. From this foundation, the author constructs groundbreaking theories of wrongdoing and causation. Specifically, Calnan argues that tortious wrongdoing is a matter of distributive, not corrective justice, and is better understood as a political, rather than a purely moral, concept. He proposes looking at causation from a practical, political standpoint of assigning responsibility for harmful conduct. In the end, the book presents a new approach for analyzing tortious encounters that divides injurious encounters into calculated transactions, random transactions, and relations. Calnan concludes that attorneys must examine the transactional and relational circumstances that precipitate our current tort disputes in order to determine the justice of the unprecedented conflicts that await us in the twenty-first century. This book will especially be of interest to scholars and attorneys interested in tort law reform, legal philosophy, legal history and moral ethics.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Justice and Tort Law. To get started finding Justice and Tort Law, you are right to find our website which has a comprehensive collection of manuals listed. Our library is the biggest of these that have literally hundreds of thousands of different products represented.