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Justifying Strict Liability

Author: Marco Cappelletti

Publisher: Oxford University Press

Published: 2022-06-23

Total Pages: 385

ISBN-13: 0192859862

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The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Book Synopsis Justifying Strict Liability by : Marco Cappelletti

Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-06-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Reconceptualising Strict Liability for the Tort of Another

Author: Christine Beuermann

Publisher: Bloomsbury Publishing

Published: 2019-11-28

Total Pages: 244

ISBN-13: 1509917543

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This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.

Book Synopsis Reconceptualising Strict Liability for the Tort of Another by : Christine Beuermann

Download or read book Reconceptualising Strict Liability for the Tort of Another written by Christine Beuermann and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a novel approach to resolving the present difficulties experienced by the courts in imposing strict liability for the tort of another. It looks beyond the traditional classifications of 'vicarious liability' and 'liability for breach of a non-delegable duty of care' and, for the first time, seeks to explain all instances of strict liability for the tort of another in terms of the various relationships in which the courts impose such liability. The book shows that, despite appearances, there is a unifying feature to the various relationships in which the courts currently impose strict liability for the tort of another. That feature is authority. Whenever the courts impose strict liability for the tort of another, the defendant is either vested with authority over the person who committed a tort against the claimant or has vested or conferred a form of authority upon that person in respect of the claimant. This book uses this feature of authority to construct a new expositive framework within which strict liability for the tort of another can be understood.

Justifying Strict Liability

Author: Marco Cappelletti

Publisher: Oxford University Press

Published: 2022-05-23

Total Pages: 385

ISBN-13: 0192676075

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Book Synopsis Justifying Strict Liability by : Marco Cappelletti

Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-05-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Is There Really No Liability Without Fault

Author: Gregory C. Keating

Publisher:

Published: 2017

Total Pages: 15

ISBN-13:

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This paper comments on John C.P. Goldberg & Benjamin C. Zipursky, The Strict Liability in Fault and the Fault in Strict Liability 85 Fordham L.Rev. 743 (2016). In their important writings over the past twenty years, Professors Goldberg and Zipursky have argued that torts are conduct-based wrongs. A conduct-based wrong is one where an agent violates the right of another by failing to conform her conduct to the standard required by the law. Strict liability in tort poses a formidable challenge to the claim that all torts are wrongs whose distinctive feature is that they violate an applicable standard of conduct. When lawyers speak of strict liability causes of action, they are describing a domain of liability where a plaintiff does not have to prove that the defendant's conduct was defective in order to recover. Strict liability is liability without regard to defective conduct. Defective conduct may be present, but its presence is not essential to liability. When liability in tort is strict, the basis of liability is not that the defendant's conduct was defective. The defining characteristics of strict liability in tort are obscured when strict liability torts are recast -- in a negligence mold -- as conduct-based wrongs.The term “strict liability” has multiple meanings. One meaning -- the meaning relevant when we speak of strict liability torts as an overarching form of tort liability -- is conceptual. Here, strict liability means liability which is not predicated on defective conduct. Two other meanings are also prominent in tort discourse. These two other meanings are normative, or moral. Some liabilities are strict because they impose liability on conduct that is blameless, morally speaking. Other liabilities are strict because they impose liability on conduct which is justified, not defective. The imposition of strict liability on morally innocent conduct is prominent in connection with autonomy rights -- powers of control that the law assigns to people over their own persons and property. The imposition of strict liability on justified conduct is found in various torts that address physical harm. Here, tort law stakes out the claim that even though the conduct responsible for inflicting the harm is justifiable, the failure to repair harm justifiably inflicted is not. Neither form matches the template of a conduct-based wrong.

Book Synopsis Is There Really No Liability Without Fault by : Gregory C. Keating

Download or read book Is There Really No Liability Without Fault written by Gregory C. Keating and published by . This book was released on 2017 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper comments on John C.P. Goldberg & Benjamin C. Zipursky, The Strict Liability in Fault and the Fault in Strict Liability 85 Fordham L.Rev. 743 (2016). In their important writings over the past twenty years, Professors Goldberg and Zipursky have argued that torts are conduct-based wrongs. A conduct-based wrong is one where an agent violates the right of another by failing to conform her conduct to the standard required by the law. Strict liability in tort poses a formidable challenge to the claim that all torts are wrongs whose distinctive feature is that they violate an applicable standard of conduct. When lawyers speak of strict liability causes of action, they are describing a domain of liability where a plaintiff does not have to prove that the defendant's conduct was defective in order to recover. Strict liability is liability without regard to defective conduct. Defective conduct may be present, but its presence is not essential to liability. When liability in tort is strict, the basis of liability is not that the defendant's conduct was defective. The defining characteristics of strict liability in tort are obscured when strict liability torts are recast -- in a negligence mold -- as conduct-based wrongs.The term “strict liability” has multiple meanings. One meaning -- the meaning relevant when we speak of strict liability torts as an overarching form of tort liability -- is conceptual. Here, strict liability means liability which is not predicated on defective conduct. Two other meanings are also prominent in tort discourse. These two other meanings are normative, or moral. Some liabilities are strict because they impose liability on conduct that is blameless, morally speaking. Other liabilities are strict because they impose liability on conduct which is justified, not defective. The imposition of strict liability on morally innocent conduct is prominent in connection with autonomy rights -- powers of control that the law assigns to people over their own persons and property. The imposition of strict liability on justified conduct is found in various torts that address physical harm. Here, tort law stakes out the claim that even though the conduct responsible for inflicting the harm is justifiable, the failure to repair harm justifiably inflicted is not. Neither form matches the template of a conduct-based wrong.

General Principles of Criminal Law

Author: Jerome Hall

Publisher: The Lawbook Exchange, Ltd.

Published: 2010

Total Pages: 656

ISBN-13: 1584774983

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"The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.

Book Synopsis General Principles of Criminal Law by : Jerome Hall

Download or read book General Principles of Criminal Law written by Jerome Hall and published by The Lawbook Exchange, Ltd.. This book was released on 2010 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.

Strict Liability in Criminal Law

Author: Faizan Mustafa

Publisher:

Published: 1992

Total Pages: 144

ISBN-13:

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Book Synopsis Strict Liability in Criminal Law by : Faizan Mustafa

Download or read book Strict Liability in Criminal Law written by Faizan Mustafa and published by . This book was released on 1992 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The American Law of Torts

Author: Stuart M. Speiser

Publisher:

Published: 2008

Total Pages: 1190

ISBN-13:

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Book Synopsis The American Law of Torts by : Stuart M. Speiser

Download or read book The American Law of Torts written by Stuart M. Speiser and published by . This book was released on 2008 with total page 1190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Theory of Strict Liability

Author: Richard Allen Epstein

Publisher:

Published: 1980

Total Pages: 164

ISBN-13:

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Errata slip inserted. Bibliography: p. 137-140.

Book Synopsis A Theory of Strict Liability by : Richard Allen Epstein

Download or read book A Theory of Strict Liability written by Richard Allen Epstein and published by . This book was released on 1980 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Errata slip inserted. Bibliography: p. 137-140.

The Limits of the Criminal Sanction

Author: Herbert Packer

Publisher: Stanford University Press

Published: 1968-06-01

Total Pages: 404

ISBN-13: 9780804780797

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The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.

Book Synopsis The Limits of the Criminal Sanction by : Herbert Packer

Download or read book The Limits of the Criminal Sanction written by Herbert Packer and published by Stanford University Press. This book was released on 1968-06-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.

Negligence Without Fault

Author: Albert A. Ehrenzweig

Publisher: Univ of California Press

Published: 2023-11-10

Total Pages: 104

ISBN-13: 0520350154

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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.

Book Synopsis Negligence Without Fault by : Albert A. Ehrenzweig

Download or read book Negligence Without Fault written by Albert A. Ehrenzweig and published by Univ of California Press. This book was released on 2023-11-10 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.