Download A Theory of Tort Liability (Hart Studies in Private Law) by Allan Beever PDF

By Allan Beever

This publication offers a entire conception of the rights upon which tort legislation relies and the legal responsibility that flows from violating these rights. encouraged by means of the account of personal legislations contained in Immanuel Kant's Metaphysics of Morals, the e-book exhibits that Kant's concept elucidates a notion of interpersonal wrongdoing that illuminates the operation of tort legislations. The publication then utilises this perception, using it to a few of the parts of tort legislation, with a view to enhance an figuring out of the actual components in query and, simply as importantly, their courting to one another. It argues that there are 3 normal different types of legal responsibility present in the legislation of tort: legal responsibility for placing one other or another's estate to one's reasons at once, legal responsibility for doing whatever to a 3rd social gathering that places one other or another's estate to one's reasons, and legal responsibility for pursuing reasons in a manner that improperly interferes with the power of one other to pursue her valid reasons. It phrases those kinds legal responsibility for direct regulate, legal responsibility for oblique keep an eye on and legal responsibility for harm respectively. the result's a coherent, philosophical knowing of the constitution of tort legal responsibility as a whole approach. In constructing its place, the ebook considers the legislation of Australia, Canada, England and Wales, New Zealand and the United States.

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