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pro vyhledávání: '"John C. P. Goldberg"'
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort's philosophical basis: civil recourse theory.Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood”
Publikováno v:
Law and Philosophy. 41:127-166
Publikováno v:
Journal of Tort Law. 14:469-491
Late twentieth-century tort theory was dominated by scholars who regarded tort law as primarily a means employed by government to deter anti-social conduct. On this model, tort plaintiffs are cast as private attorneys general whose lawsuits promote s
Autor:
John C. P. Goldberg
Publikováno v:
Journal of Tort Law. 14:3-26
This essay, written for a panel honoring the late John Gardner, explores a tension in his book’s highly engaging and illuminating account of the relationship between “personal life” and “private law.” For the most part, the book sets out to
Autor:
John C. P. Goldberg
Publikováno v:
SSRN Electronic Journal.
Publikováno v:
SSRN Electronic Journal.
This book engages with some of Stephen A Smith's most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not impacted by his scholarship. The contributors explore Professor Smith's
Autor:
John C. P. Goldberg, Gabriella Blum
Publikováno v:
SSRN Electronic Journal.
May a threatened state use force against armed nonstate actors situated in another state? Proponents of the “Unable or Unwilling Doctrine” (UUD) answer in the affirmative, provided that the territorial state in which the nonstate actors are based
Autor:
John C. P. Goldberg
In the United States and elsewhere, the Law and Economics movement has fundamentally reshaped how judges, lawyers, and law students understand tort law. And yet economic interpretations of tort law – as opposed to prescriptive analyses of tort prob
Externí odkaz:
https://explore.openaire.eu/search/publication?articleId=doi_________::eae93fa2ea402e04e813221e067fc145
https://doi.org/10.1093/oxfordhb/9780190919665.013.16
https://doi.org/10.1093/oxfordhb/9780190919665.013.16