Pure economic loss is one of the most-discussed problems in the fields of tort and contract. This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries across the world including the USA, Canada, Japan, South Africa and Denmark.
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Pure economic loss is one of the most-discussed problems in the fields of tort and contract. This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries across the world including the USA, Canada, Japan, South Africa and Denmark.
This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.
Since the Paleolithic age to the present, molluscs - which include squids, octopuses and a variety of shellfish - have featured in different facets of our history. Yet much of this detail is either unknown or underappreciated. From the shapes and patterns in their shells, to their culinary, medicinal and scientific value and from their depictions in literature and religions, mulluscs in general, and shellfish in particular, have fascinated mankind for millennia. Man and Shells is a treatise on molluscs in our natural history. Readers will traverse through the journey by demonstrating how these organisms have accompanied humans in arts and culture, in ancient religions, the myths that surround them, their role in commerce as in dyeing and as currency as well as in aquaculture and fishing, and much more. Man and Shells helps us to appreciate these creatures that continue to have an important yet little known place in the cultural evolution of man through the ages.
The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].
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