Search results for 'Liability (Law' (try it on Scholar)

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  1. Liability Law (1989). Robert H. malott. In A. Pablo Iannone (ed.), Contemporary Moral Controversies in Business. Oxford University Press 376.
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  2.  34
    R. G. Frey & Christopher W. Morris (eds.) (1991). Liability and Responsibility: Essays in Law and Morals. Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort, and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third, and fourth sections present, in turn, more detailed explorations of the roles of notions of liability (...)
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  3.  92
    Toby Handfield & Trevor Pisciotta (2005). Is the Risk–Liability Theory Compatible with Negligence Law? Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral (...)
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  4.  8
    Agnė Vaitkevičiūtė (2011). Member States Liability in Damages for the Breach of European Union Law – Legal Basis and Conditions for Liability. Jurisprudence 18 (1):49-68.
    This article analyses the legal basics of the Member States liability in damages for the breach of European Union law and the conditions for liability. It is emphasized that the Member States liability in damages for the breach of European Union law has three different grounds—one direct legal background (Article 4 of the Treaty of the European Union) and two indirect basics—principles of direct effect and that of effectiveness of European Union law. The author subsequently examines the (...)
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  5.  5
    Regina Valutytė (2011). Concept of Court's Fault in State Liability Action for Infringement of European Union Law. Jurisprudence 18 (1):33-50.
    The article deals with the concept of the court’s fault in the action for damages against a state suffered due to infringement of European Union law. The author searches for the right position of the criterion in the system of the conditions of state liability and discusses whether European Union law establishes a uniform standard of fault, or at least the guidance on the application of the criterion that would enable uniform national judicial practices concerning state liability for (...)
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  6.  4
    Agnė Vaitkevičiūtė (2012). The Relationship Between Member State Liability in Damages for Breach of the European Union Law and State Responsibility for Breach of International Law. Jurisprudence 19 (1):71-86.
    This article analyses that state responsibility in international law is contractual liability, as a state infringes its obligations to another state (states), stemming out of international law. Member State liability in damages to a private party for breach of European Union law is, contrarily, non-contractual liability to a private party. Having analysed the elements of internationally wrongful act, it is stated that the elements of internationally wrongful act can be used to determine the elements of breach of (...)
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  7.  5
    Christian Lahnstein (2011). Tort Law and the Ethical Responsibilities of Liability Insurers: Comments From a Reinsurer's Perspective. Journal of Business Ethics 103 (S1):87-94.
    Tort law and liability insurance have a complex interaction in which each shapes the evolution and effects of the other. This interaction and its many forms and facets in different international contexts must be comprehended to understand fully the ethical responsibilities of liability insurers. This essay builds on previous scholarship on the tort law–liability insurance interaction through a series of observations from the perspective of a global reinsurer. It seeks in part to extend previous analyses of this (...)
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  8. Antony Duff (2007). Answering for Crime: Responsibility and Liability in the Criminal Law. Hart Pub..
     
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  9.  5
    Dr Joseph A. Cannataci (1989). Law, Liability and Expert Systems. AI and Society 3 (3):169-183.
    This paper examines some of the possible legal implications of the production, marketing and use of expert systems. The relevance of a legally useful definition of expert systems, comprising systems designed for use both by laymen and professionals, is related to the distinctions inherent in the legal doctrine underlying provision of goods and provision of services. The liability of the sellers and users of, and contributors to, expert systems are examined in terms of professional malpractice as well as product (...)
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  10.  1
    Jeremy Waldron & Alan R. White (1987). Grounds of Liability: An Introduction to the Philosophy of Law. Philosophical Quarterly 37 (146):116.
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  11.  10
    Susan Saab Fortney (2008). Tales of Two Regimes for Regulating Limited Liability Law Firms in the US and Australia: Client Protection and Risk Management Lessons. Legal Ethics 11 (2):230-240.
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  12.  5
    R. A. Duff (1998). Law, Language and Community: Some Preconditions of Criminal Liability. Oxford Journal of Legal Studies 18 (2):189-206.
    We can usefully distinguish the conditions of criminal liability (those conditions which must be satisfied if a defendant is to be duly convicted, with which a criminal trial is concerned) from its preconditions (those conditions which must be satisfied if the trial, as a process which aims to determine whether or not this person is criminally liable, is to be legitimate at all). Some of these preconditions concern the defendant's status as a rsponsible citizen, who can properly be called (...)
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  13.  9
    Nils Jansen (2004). Duties and Rights in Negligence: A Comparative and Historical Perspective on the European Law of Extracontractual Liability. Oxford Journal of Legal Studies 24 (3):443-469.
    Recent theoretical analysis has exhibited a structural ambiguity in the normative foundation of the tort of negligence, namely uncertainty whether liability is based on the breach of a legal duty or on the responsibility for the victim's loss. This normative ambiguity is due to the fact that the European law of extracontractual liability was conceptually framed for purposes totally different from modern ideas of fair distribution of risks that have historically been connected with rights- based conceptions of tort (...)
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  14.  2
    Wolf-Georg Ringe & Alexander Hellgardt (2011). The International Dimension of Issuer LiabilityLiability and Choice of Law From a Transatlantic Perspective. Oxford Journal of Legal Studies 31 (1):23-60.
    The worldwide integration of capital markets continues to make progress and has resulted in both issuers and investors being active in various markets on both sides of the Atlantic. In times of financial crisis, this brings one question to the centre of attention which has not been discussed exhaustively before: in the situation of securities liability to investors in an international context, which is the applicable law to the liability claim? The harmonization of private international law rules in (...)
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  15.  3
    Edward M. Harris (1989). The Liability of Business Partners in Athenian Law: The Dispute Between Lycon and Megacleides ([Dem.] 52.20–1). Classical Quarterly 39 (02):339-.
    One of the most striking features of Athenian laws regulating commercial activities is the absence of any concept akin to the modern legal notion of the partnership or corporation. Despite the presence in Athenian society of numerous koinoniai, groups of individuals cooperating for some purpose, be it commercial or otherwise, Athenian law concerned itself solely with individual persons and did not recognize the separate legal existence of collective entities. And just as Athenian law did not recognize the legal existence of (...)
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  16. R. G. Frey & Christopher W. Morris (eds.) (2009). Liability and Responsibility: Essays in Law and Morals. Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability (...)
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  17. R. G. Frey & Christopher W. Morris (eds.) (2011). Liability and Responsibility: Essays in Law and Morals. Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability (...)
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  18. R. G. Frey & Christopher W. Morris (eds.) (2008). Liability and Responsibility: Essays in Law and Morals. Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability (...)
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  19. Jeroen Kortmann (2005). Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio. OUP Oxford.
    This book examines two problems in Private law which are posed by the 'Good Samaritan': First, is an intervener under a legal duty to come to the aid of a fellow human being and does he incur any criminal or tortious liability if he fails to do so? Second, having intervened, is an intervener entitled to reimbursement of expenses, remuneration, reward, or compensation for any loss he might have suffered? Does or should the remedy depend on the success of (...)
     
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  20.  8
    Margaret N. Strand (1997). Consulting Scientist and Engineer Liability: A Survey of Relevant Law. Science and Engineering Ethics 3 (4):357-394.
    This paper is a survey of the law in the United States which is applicable to consulting scientists and engineers. Based on the body of law which has developed for the construction industry and professional “advice-givers” such as attorneys, medical doctors and accountants, the paper reviews professional responsibilities in the areas of Common Law Torts. Common Law Contracts, certain U.S. Federal and State Statutes and the protection of sensitive information.
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  21. Richard Allen Epstein (1980). A Theory of Strict Liability Toward a Reformulation of Tort Law.
     
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  22.  58
    Larry Alexander (1990). Reconsidering the Relationship Among Voluntary Acts, Strict Liability, and Negligence in Criminal Law. Social Philosophy and Policy 7 (2):84.
    This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in particular is (...)
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  23. G. R. Sullivan (2005). Strict Liability for Criminal Offences in England and Wales Following Incorporation Into English Law of the European Convention on Human Rights. In Andrew Simester (ed.), Appraising Strict Liability. OUP Oxford
     
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  24. Desmond M. Clarke (2014). Causation and Liability in Tort Law. Jurisprudence 5 (2):217-243.
    Many recent decisions in tort law attempt to combine two conceptually incommensurable features: a traditional 'but for' test of factual causation, and the scientific or medical evidence that is required to explain how some injury occurred. Even when applied to macroscopic objects, the 'but for' test fails to identify causes, because it merely rephrases in the language of possible worlds what may be inferred from what is inductively known about the actual world. Since scientific theories explain the occurrence of events (...)
     
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  25. John R. Spencer & Antje Pedain (2005). Approaches to Strict and Constructive Liability in Continental Criminal Law. In Andrew Simester (ed.), Appraising Strict Liability. OUP Oxford
     
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  26.  5
    Don Chalmers & Robert Schwartz (1993). Malpractice Liability for the Failure to Adequately Educate Patients: The Australian Law of “Informed Consent” and Its Implications for American Ethics Committees. Cambridge Quarterly of Healthcare Ethics 2 (3):371.
    At first glance, the first informed consent case to be decided by the High Court of Australia appears to be little more than a clear and simple description of the substantive law accepted in most American jurisdictions - although that is no small accomplishment in and of itself. In Rogers v. Whitaker, the highest court in Australia succinctly and persuasively rejected informed consent as a species of battery law, accepted it as a form, of ordinary professional negligence law, and adopted (...)
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  27. Peter Benson (1995). The Basis for Excluding Liability for Economic Loss in Tort Law. In David G. Owen (ed.), Philosophical Foundations of Tort Law. Oxford University Press 427--455.
     
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  28.  4
    I. Kennedy & R. G. Edwards (1975). A Critique of the Law Commission's Report on Injuries to Unborn Children and the Proposed Congenital Disabilities (Civil Liability) Bill. Journal of Medical Ethics 1 (3):116-121.
    The authors are members of the British Association Committee on Social Concern and Biological Advances. Following earlier discussions of legal and social problems arising from certain medical advances, they undertook, independently, to examine the Law Commission's study.
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  29. Mary Crossley (2015). Including Public Health Content in a Bioethics and Law Course: Vaccine Exemptions, Tort Liability, and Public Health. Journal of Law, Medicine and Ethics 43 (S2):22-32.
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  30. Kirsten J. Fisher (2010). Identifying Liability: Ambiguous Charges in International Criminal Law. Finnish Yearbook of International Law.
  31. Theodore W. Ruger (2004). The United State Supreme Court and Health Law: The Year in Review: The Supreme Court Federalizes Managed Care Liability. Journal of Law, Medicine & Ethics 32 (3):528-531.
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  32. Theodore W. Ruger (2004). The United State Supreme Court and Health Law: The Year in Review: The Supreme Court Federalizes Managed Care Liability. Journal of Law, Medicine and Ethics 32 (3):528-531.
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  33.  25
    R. A. Duff (2008). Responsibility and Liability in Criminal Law. In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press
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  34.  9
    Anthony Kenny & R. A. Duff (1991). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Quarterly 41 (164):378.
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  35.  11
    George D. Cameron Iii (2004). The Intersection of Law and Ethics–at 600 Grant Street, Pittsburgh, PA: Is It Ethical to Assert a Legal Technicality to Avoid Liability for a Debt Created by Fraud? Journal of Business Ethics 49 (2):107-113.
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  36.  3
    Matthias Kilian (2015). Managing Liability Risks in German Law Firms in Times of Doomsday Claims. Legal Ethics 18 (1):87-92.
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  37. R. A. Duff (1986). Alan R. White, Grounds of Liability: An Introduction to the Philosophy of Law Reviewed By. Philosophy in Review 6 (6):316-318.
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  38.  22
    Tecla Mazzarese (1988). Grounds of Liability. An Introduction to the Philosophy of Law. Philosophia 18 (2-3):291-302.
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  39.  5
    J. V. McHale (2005). Liability in the Law of Tort of Research Ethics Committees and Their Members. Research Ethics 1 (2):53-59.
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  40.  7
    Christine T. Sistare (1987). On the Use of Strict Liability in the Criminal Law. Canadian Journal of Philosophy 17 (2):395 - 407.
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  41.  8
    George D. Cameron (2004). The Intersection of Law and Ethics – at 600 Grant Street, Pittsburgh, PA: Is It Ethical to Assert a Legal Technicality to Avoid Liability for a Debt Created by Fraud? Journal of Business Ethics 49 (2):107 - 113.
    A considerable literature exists regard-ing the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper."This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the application (...)
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  42.  5
    Michael D. Bayles (1983). Criminal Law, The General Part: Liability and Defences Law Reform Commission of Canada Working Paper 29 Ottawa: Minister of Supply and Services Canada, 1982. Pp. Vii, 204. Free From LRCC. [REVIEW] Dialogue 22 (3):553-555.
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  43.  2
    K. Greenawalt (2005). What Does "The Law" Claim About Trivial and Extremely Broad Legal Norms? A Response to Stephen Perry's Account of Obligation and Liability. American Journal of Jurisprudence 50 (1):305-310.
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  44.  1
    George D. Cameron Iii (2004). The Intersection of Law and Ethics – at 600 Grant Street, Pittsburgh, PA: Is It Ethical to Assert a Legal Technicality to Avoid Liability for a Debt Created by Fraud? [REVIEW] Journal of Business Ethics 49 (2):107-113.
    A considerable literature exists regarding the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper." This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the (...)
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  45.  1
    Robert W. Hoag (1992). Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. Philosophical Books 33 (2):114-116.
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  46.  1
    C. J. Miller (1981). Ontario Law Reform Commission: Report on Products Liability. Oxford Journal of Legal Studies 1 (1):130-134.
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  47.  3
    J. H. Bogart (1987). Book Review:Grounds of Liability: An Introduction to the Philosophy of Law. Alan R. White. [REVIEW] Ethics 97 (3):673-.
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  48.  3
    David Dolinko (1993). Book Review:Liability and Responsibility: Essays in Law and Morals. R. G. Frey, Christopher W. Morris. [REVIEW] Ethics 103 (2):401-.
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  49. John M. Burkoff (1991). Criminal Defense Ethics: Law and Liability. C. Boardman.
     
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  50. R. A. Duff (1996). Penal Communications: Recent Work in the Philosophy of Punishment'. Tonry 1996: 1-97. 1998a.'Principle and Contradiction in the Criminal Law: Motives and Criminal Liability'. Duff 1998c: 156-204. 1998b.'Law, Language and Community: Some Preconditions of Criminal Liability'. [REVIEW] Oxford Journal of Legal Studies 18:189-206.
     
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