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Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

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Blackstone 2019
Archbold 2019 out now
Apil clinical negligence
Tolleys health
Chitty 33rd
Ws hxmas

Torts, Egalitarianism and Distributive Justice

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ISBN13: 9780815398493
To be Published: November 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00

This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.

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Tort Law
Theoretical Framework: Distributive justice
Tort law
Pulling the threads together. Normative Defence: Illegitimacy
Excessive cost
Ineffectiveness. Applicatory Framework: The regressive nature of existing tort law
Levels of operation
Multiplicity of participants and entitlements
Direction of distributive result
Balancing egalitarianism with other policy considerations. Standard of Care: Insights from other approaches
Normative defence
Standard or duty?
Reformulating the standard of care
How does it work?
Incongruity with existing tort law. Duty of Care: The effects of egalitarianism on duty of care
Possible solutions to the problem of maternal prenatal duty
The egalitarian case against unconditional duty
Conditional duty. Discrimination as Negligence: Negligence and alternative responses to discrimination
The institutional inquiry
The conceptual and normative inquiries