144,176 research outputs found
Introduction to comparative tort law: Global perspectives
No full textThe purpose of the paper is to introduce the framework for reflection and analysis about the current state of tort law and its recent developments in what has been conventionally called ‘Western’ and ‘non-Western’ tort systems
Amicus Curiae Brief of Professors Anthony J. Sebok and John C. P. Goldberg in Support of Appellee the Devereux Foundation, Inc.
No full textAmici Anthony J. Sebok and John C. P. Goldberg are law professors with a particular focus in the field of tort law and damages. As scholars in this field, Amici recognize that the issues raised in this case are of tremendous importance to the history, theory, and development of tort law in the United States. The distinction between compensatory damages and punitive damages has long been recognized in both U.S. and Georgia law. Amici have a distinct interest in this Court reaching a correct decision with the benefit of complete and accurate historical information regarding the awarding of punitive damages in English common law, and endeavor to provide a thorough and accurate recounting of this important historical context for this Court’s consideration
Amicus Curiae Brief of Professors Anthony J. Sebok and John C. P. Goldberg in Support of Appellee the Devereux Foundation, Inc.
No full textAmici Anthony J. Sebok and John C. P. Goldberg are law professors with a particular focus in the field of tort law and damages. As scholars in this field, Amici recognize that the issues raised in this case are of tremendous importance to the history, theory, and development of tort law in the United States. The distinction between compensatory damages and punitive damages has long been recognized in both U.S. and Georgia law. Amici have a distinct interest in this Court reaching a correct decision with the benefit of complete and accurate historical information regarding the awarding of punitive damages in English common law, and endeavor to provide a thorough and accurate recounting of this important historical context for this Court’s consideration
M. Bussani e A. J. Sebok (a cura di), Comparative Tort Law. Global Perspectives, coll. «Research Handbooks in Comparative Law»
No full textLa recensione analizza il volume "Comparative Tort Law. Global Perspectives", coll. "Research Handbooks in Comparative Law" curato da Mauro Bussani e Anthony J. Sebok
Comparative Tort Law. Global Perspectives
No full textComparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories, rules and cultures. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes. The book also provides insightful case studies by analyzing specific features of selected tort systems in Europe, USA, Latin America, East Asia, and sub-Saharan Africa
Chinese tort law: tradition, transplants and some difficulties
No full textMuch of Chinese civil law is a product of Western legal transplants. However, when dealing with a country as old and sophisticated as China, one can easily miss the whole picture by focusing only on the written statutes. Appearances do not tell much. Chinese Civil Code was enacted on May 28th, 2020. This is the first Civil Code in the history of Communist China. This essay takes a comparative and historical look at the codified Chinese tort law, shows its promises and perils of its legal transplants and, most importantly, identifies some persistent problems. Some of these problems come from contradictions among doctrines borrowed from different legal systems, others from clash between legal transplants and the pre-existing social norms that are based on different philosophical ideas, others might be due to the tension between doctrinal innovations and the existing structures. Specifically, this essay examines the doctrinal innovation of having an independent personality rights law operating outside of tort law, the doctrinal uncertainty in determining the scope of protected rights and a rule of liability without fault that resonates with Chinese traditional moral philosophy
[Report to Chief J. E. Curry, by an unknown author #1]
No full textReport to Chief J. E. Curry, by an unknown author. The report contains a list of officers who gave depositions to the United States Attorney
[Report to Chief J. E. Curry, by an unknown author #2]
No full textReport to Chief J. E. Curry, by an unknown author. The report contains a list of officers who gave depositions to the United States Attorney
Compensation at the Intersection of Tort Law and International Human Rights Law
No full textFor human rights not to become empty letters, the respect and fulfilment of the right to remedy is instrumental to the victims’ recovery from past violations. Human rights abuses have found redress also before domestic courts. Yet litigation can move from the domestic to regional forum where the former does not provide the victim with adequate remedies. The aim of this chapter is to explain how the two systems may interact providing specific means to address and redress wrongful conducts constituting torts and human rights abuses. By exploring the theory of tort law and human rights, including their relationship and interactions, I first outline the interpretative principles on the right to remedy under international law and international human rights law. At the heart of the discussion is compensation as a form of reparation in the Council of Europe’s, Inter-American and African human rights systems respectively. I maintain that, while regional human rights courts can be used as compensatory instruments, perceived as tort law devices, the domestic enforcement of regional courts’ decisions remains nevertheless essential to the award of compensation and the effective realisation of individuals’ right to reparation
Chinese tort law between tradition and transplants
No full textThis is a short summary of the history and recent developments of Chinese tort law in the context of reception of Western legal transplants
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