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Torts, Egalitarianism and Distributive Justice
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.
Egalitarian Digital Privacy
Should digital platforms be responsible for intimate images posted without the subject’s consent? Could the viewers of such images be liable simply for viewing them? This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or ‘revenge porn’. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property. With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers while critiquing both EU and US solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.
Sex Trafficking
Sex Trafficking: A Private Law Response examines existing and potential causes of action against sex traffickers, clients and the state and argues for fair and effective private law remedies. Combining a theoretical inquiry about the borders of liability in torts and restitution with a political commitment to protecting the interests of victims of sex trafficking, this book offers a comparative doctrinal and socio-legal analysis of private law remedies, their justification, and their effectiveness. Tsachi Keren-Paz innovatively and convincingly makes the argument that all those directly involved in breaching the rights of victims of sex trafficking should compensate them for their losses, and make restitution of the profits made at their expense. Sex Trafficking: A Private Law Response will be invaluable to both academics and practitioners concerned with prostitution, modern slavery and trafficking, and those interested in private law theory and practice.
In Defense of Tort Law
Tort law is a good thing (whatever it is....).
The Harm Paradox
The beginning of the decline -- Characterising harm -- Loss of autonomy? -- Defining the problem -- Notes -- Injured bodies -- Natural born reproducers -- Wrongful pregnancy as a personal injury -- Orthodox injuries -- Harmed minds, harmed bodies -- Paradigm shifts -- Conclusion -- Notes -- Health, disability and harm -- Emerging dichotomies -- The disability exception -- Parental autonomy -- The importance of context -- Rees in the House of Lords -- Conclusion : what kind of autonomy? -- Notes -- The harm paradox -- The mitigation ethic -- Mitigation is dead -- Long live choice -- My family and other animals -- Conclusion : a harm paradox? -- Notes -- Constructions of the reasonable woman -...
The Common Law Inside the Female Body
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Cyberflashing
Cyberflashing has been on the rise since the Covid-19 pandemic. This book provides new analysis into the harms of cyberflashing. This timely and unique study considers recent laws in several countries and sets out proposals to criminalise cyberflashing in English law.
Uncertain Causation in Tort Law
This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.
Sports Law
This textbook provides a comprehensive overview of the ways in which the law has impacted on how sport is played, administered and consumed. The author writes in a clear and engaging manner, tracing the origins and sources of this rapidly evolving subject and drawing examples from a wide range of professional and amateur sports to illustrate the important current debates and topics of interest. The book covers a wide-range of topics from participant and non-participant liability, fighting sports and their legality, and liability for stadium safety and disasters. The final section of the book takes in the very latest developments in mass-event sport and the growing but fundamental area of sports commercialisation. New to this Edition: - Fully updated and includes analyses of the Pechstein and Sharapova decisions - Includes details on the state aid rulings on financial support for Spanish and Dutch football clubs - The author includes a review of the Rio 2016 Olympics
Lawless
Because social media and technology companies rule the Internet, only a digital constitution can protect our rights online.
