Sandy Steel - Böcker

The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity.The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.

Tort law draws a fundamental distinction between doing harm and failing to prevent it. Generally, there is no positive duty upon private individuals to prevent harm. However, there are instances in which a failure to prevent harm—an omission—can have legal consequences.Omissions in Tort Law analyses the distinction drawn by tort law and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve anothers position. It provides novel conceptual analyses of the basic concepts that inform the imposition of positive duties, such as creation of risk, interfering with aid, assuming responsibility, controlling a source of risk, and the normative considerations that underpin them. It considers the ways in which the law differentiates between actively causing harm and failing to protect from harm, and makes recommendations as to how the law could be improved. Exploring the ways in which conceptions of morality intersect with legal obligations, Omissions in Tort Law offers a detailed and nuanced perspective on omissions and positive duties.

Professor Jane Stapleton is one of the world's leading experts on causation and has had a profound impact on tort law scholarship, both in terms of the incredible range of topics she has contributed to, and across the multiple countries she has worked in. Torts on Three Continents: Honouring Jane Stapleton brings together a group of scholars from Stapleton's 'home' country Australia, from the United Kingdom, where she spent much of her professional career, and the United States, where she has made such a significant contribution, to celebrate and honour her work.Torts on Three Continents reveals the impressive and enviable breadth of Jane Stapleton's scholarship while contributing to many of the ongoing and traditional debates in tort. The volume is split into four parts. The first part focuses on general themes that arise in Stapleton's work, including the academic influence on judges, the role of insurance in compensation, the impact of vulnerability on tort law and liability of public authorities. The second part considers aspects of liability in the tort of negligence, including duties of care for psychiatric harm. The third part is dedicated completely to causation, with three chapters from authors in three different countries reflecting on the impact of Stapleton's work in this area. The final section covers a variety of different aspects of tort law and compensation systems, including harms committed in the public interest, damage in economic torts, statutory product liability reforms and alternative compensation scheme design.Powerful and thought-provoking, this book will provide its readers with an appreciation of the magnitude of Jane Stapleton's contribution across the common law world, and a novel perspective on some of the more modern challenges faced in tort law.

Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.