Three Essays on Torts by Jane Stapleton (English) Hardcover Book

Description: Three Essays on Torts by Jane Stapleton Estimated delivery 3-12 business days Format Hardcover Condition Brand New Description These essays illustrate the advantages of reflexive tort scholarship by contrasting the reflexive scholarship of judicial analysis with grand theory, then applying reflexive scholarship to the tort of negligence. The final essay presents a wider argument about human responsibility and legal conduct. Publisher Description This book of essays champions tort scholarship that puts judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the living and evolving common law. This is reflexive tort scholarship. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic searchfor grand theories that descriptively assert that tort law is fundamentally all about one thing, a unifying idea that alone explains and justifies the whole of tort law. This book illustrates theadvantages and pay-offs of the reflexive style of scholarship by showing how it illuminates key features of tort law. The first essay contrasts the reflexive approach with the Grand Theory approach, while the second essay identifies a principle of tort law (the cooperative principle), that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used tosupport one of the most entrenched lines of authority in tort law - that based on the famous case of Hedley Byrne v Heller. The final essay deploys the reflexive method to argue that the iconic but-fortest of factual causation is inadequate and narrower than the concept actually utilized in the cases. Application of the method also prompts a reassessment of the scope of duty concept and of the appropriate characterisation of the much-discussed decision in SAAMCO. These essays, based on the 2018 Clarendon Law Lectures given at Oxford University, clearly demonstrate the value of scholarship that takes the judges seriously. Author Biography Jane Stapleton QC FBA is an academic who has taught common law subjects, especially the law of torts, in Oxford, Cambridge, the European University Institute, and the United States. She is an Honorary Bencher of Grays Inn, a Council Member of the American Law Institute, and an Emeritus Distinguished Research Professor at the Australian National University. Her awards include the American Bar Associations Robert B. McKay Law Professor Award, the Association ofAmerican Law Schools Prosser Award, the Wedderburn Prize, and the John G. Fleming Prize. She is an Emeritus Fellow of Balliol College and Master of Christs College Cambridge. Details ISBN 0192893734 ISBN-13 9780192893734 Title Three Essays on Torts Author Jane Stapleton Format Hardcover Year 2021 Pages 128 Publisher Oxford University Press GE_Item_ID:135348543; About Us Grand Eagle Retail is the ideal place for all your shopping needs! With fast shipping, low prices, friendly service and over 1,000,000 in stock items - you're bound to find what you want, at a price you'll love! Shipping & Delivery Times Shipping is FREE to any address in USA. Please view eBay estimated delivery times at the top of the listing. Deliveries are made by either USPS or Courier. We are unable to deliver faster than stated. International deliveries will take 1-6 weeks. NOTE: We are unable to offer combined shipping for multiple items purchased. This is because our items are shipped from different locations. Returns If you wish to return an item, please consult our Returns Policy as below: Please contact Customer Services and request "Return Authorisation" before you send your item back to us. Unauthorised returns will not be accepted. Returns must be postmarked within 4 business days of authorisation and must be in resellable condition. Returns are shipped at the customer's risk. We cannot take responsibility for items which are lost or damaged in transit. For purchases where a shipping charge was paid, there will be no refund of the original shipping charge. Additional Questions If you have any questions please feel free to Contact Us. Categories Baby Books Electronics Fashion Games Health & Beauty Home, Garden & Pets Movies Music Sports & Outdoors Toys

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