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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Risks and Wrongs New ed

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Jules L. ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and the Philosophy of Law, Yale University, USA

ISBN13: 9780199253616
ISBN: 0199253617
Previous Edition ISBN: 0521428610
Published: July 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £38.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This text is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral and legal theory. In the first part of the book, he rejects traditional rational choice liberalism in favour of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good.;However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.

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Subjects:
Jurisprudence
Contents:
PART I. THE MARKET PARADIGM
1. Rationality and Cooperation
2. Competition and Cooperation
3. Law and Markets
4. Efficiency and Market Failure
PART II. SAFEGUARD AND RISKS
5. The Rational Agreement
6. Safeguarding
7. Calculus and Contexts
8. From Contracts to Torts
PART III. RECTIFIABLE WRONGS
9. The Goals of Tort Law
10. Fault and Strict Liability
11. The Ecomomic Analysis of Torts
12. Reciprocity of Risk
13. Causation, Responsibility, and Strict Liability
14. Liability and Recovery
15. The Mixed Conception of Corrective Justice
16. Wrongfulness
17. Corrective Justice and Tort Law
18. Justifiable Departures From Corrective Justice
19. Product Liability
20. Liberalism Revisited
Notes
Index