Maimonides And Contemporary Tort Theory

Author : Yuval Sinai
Publisher : Cambridge University Press
ISBN 13 : 1316843726
Total Pages : 429 pages
Book Rating : 4.27/5 ( download)

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Download or read book Maimonides and Contemporary Tort Theory written by Yuval Sinai and published by Cambridge University Press. This book was released on 2020-08-06 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maimonides lived in Spain and Egypt in the twelfth century, and is perhaps the most widely studied figure in Jewish history. This book presents, for the first time, Maimonides' complete tort theory and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new as well as religious and secular, Maimonides and Contemporary Tort Theory offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues that will be of interest to both religious and secular scholars. The authors mention several surprising points of similarity between certain elements of theories recently formulated by North American scholars and the Maimonidean theory. Alongside these similarities significant differences are also highlighted, some of them deriving from conceptual-jurisprudential differences and some from the difference between religious law and secular-liberal law.

Author : Benjamin Porat
Publisher : Taylor & Francis
ISBN 13 : 1317200403
Total Pages : 283 pages
Book Rating : 4.06/5 ( download)

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Download or read book The Jewish Law Annual Volume 22 written by Benjamin Porat and published by Taylor & Francis. This book was released on 2023-12-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.

Author : Ernest J. Weinrib
Publisher : OUP Oxford
ISBN 13 : 019163638X
Total Pages : 368 pages
Book Rating : 4.87/5 ( download)

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Download or read book Corrective Justice written by Ernest J. Weinrib and published by OUP Oxford. This book was released on 2012-09-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.

Author : Jean Hampton
Publisher : Cambridge University Press
ISBN 13 : 1139460188
Total Pages : 219 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Intrinsic Worth of Persons written by Jean Hampton and published by Cambridge University Press. This book was released on 2006-11-13 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, and the maintenance and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy.

Author : Miquel Martín-Casals
Publisher : Cambridge University Press
ISBN 13 : 1316425487
Total Pages : 351 pages
Book Rating : 4.80/5 ( download)

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Download or read book Uncertain Causation in Tort Law written by Miquel Martín-Casals and published by Cambridge University Press. This book was released on 2015-11-19 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Author : Sagi Peari
Publisher : Oxford University Press
ISBN 13 : 019062230X
Total Pages : 345 pages
Book Rating : 4.05/5 ( download)

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Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

Author : James Gordley
Publisher : OUP Oxford
ISBN 13 : 0191021717
Total Pages : 496 pages
Book Rating : 4.18/5 ( download)

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Download or read book Foundations of Private Law written by James Gordley and published by OUP Oxford. This book was released on 2006-01-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

Author : Peter Adamson
Publisher : OUP Oxford
ISBN 13 : 0191506591
Total Pages : 144 pages
Book Rating : 4.98/5 ( download)

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Download or read book Philosophy in the Islamic World: A Very Short Introduction written by Peter Adamson and published by OUP Oxford. This book was released on 2015-09-24 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the history of philosophy, few topics are so relevant to today's cultural and political landscape as philosophy in the Islamic world. Yet, this remains one of the lesser-known philosophical traditions. In this Very Short Introduction, Peter Adamson explores the history of philosophy among Muslims, Jews, and Christians living in Islamic lands, from its historical background to thinkers in the twentieth century. Introducing the main philosophical themes of the Islamic world, Adamson integrates ideas from the Islamic and Abrahamic faiths to consider the broad philosophical questions that continue to invite debate: What is the relationship between reason and religious belief? What is the possibility of proving God's existence? What is the nature of knowledge? Drawing on the most recent research in the field, this book challenges the assumption of the cultural decline of philosophy and science in the Islamic world by demonstrating its rich heritage and overlap with other faiths and philosophies.

Author : Brian Davies
Publisher : Oxford University Press
ISBN 13 : 0190208791
Total Pages : 608 pages
Book Rating : 4.90/5 ( download)

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Download or read book The Oxford Handbook of Aquinas written by Brian Davies and published by Oxford University Press. This book was released on 2012-01-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Aquinas (1224/6-1274) lived an active, demanding academic and ecclesiastical life that ended while he was still comparatively young. He nonetheless produced many works, varying in length from a few pages to a few volumes. The present book is an introduction to this influential author and a guide to his thought on almost all the major topics on which he wrote. The book begins with an account of Aquinas's life and works. The next section contains a series of essays that set Aquinas in his intellectual context. They focus on the philosophical sources that are likely to have influenced his thinking, the most prominent of which were certain Greek philosophers (chiefly Aristotle), Latin Christian writers (such as Augustine), and Jewish and Islamic authors (such as Maimonides and Avicenna). The subsequent sections of the book address topics that Aquinas himself discussed. These include metaphysics, the existence and nature of God, ethics and action theory, epistemology, philosophy of mind and human nature, the nature of language, and an array of theological topics, including Trinity, Incarnation, sacraments, resurrection, and the problem of evil, among others. These sections include more than thirty contributions on topics central to Aquinas's own worldview. The final sections of the volume address the development of Aquinas's thought and its historical influence. Any attempt to present the views of a philosopher in an earlier historical period that is meant to foster reflection on that thinker's views needs to be both historically faithful and also philosophically engaged. The present book combines both exposition and evaluation insofar as its contributors have space to engage in both. This Handbook is therefore meant to be useful to someone wanting to learn about Aquinas's philosophy and theology while also looking for help in philosophical interaction with it.

Author : Christine Hayes
Publisher : Cambridge University Press
ISBN 13 : 1107036151
Total Pages : 439 pages
Book Rating : 4.54/5 ( download)

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Download or read book The Cambridge Companion to Judaism and Law written by Christine Hayes and published by Cambridge University Press. This book was released on 2017-02-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.