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Private Law and the Value of Choice.
Voyiakis argues that private law aims to articulate acceptable principles as to when our institutions can hold agents accountable for their choices.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Bloomsbury Publishing,
2017.
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| Colección: | Law and Practical Reason
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Acknowledgements; Table of Contents; Introduction; 1; Private Law and the Burden of Repair; I. Original Burdens and Burdens of Repair; II. A ""Direct"" Account of the Burden of Repair; III. The Significance of Wrongfulness; IV. Repair Without Wrongfulness or Corrective Justice; 2; Responsibility, but the Right Kind; I. Substantive and Attributive Responsibility; II. Private Law Principles as Allocations of Substantive Responsibilities; III. Some Implications of the Attributive/Substantive Divide; IV. A Progress Report; 3; Choice and Responsibility.
- I. The Value of Choice and the Asymmetry between Benefits and BurdensII. Making a Choice vs Having a Choice; III. Two Sets of Objections; IV. From the Value-of-choice Account to Models of Private Law; 4; Protection Against the Burden of Repair; I. Why Protection?; II. Protection as a ""Bail Out"" and as a Condition of Responsibility; III. Protection as a Condition of Responsibility: A Preview; IV. Working Examples and Variations; V. The Protection Principle; VI. Comparing Notes: Other Accounts of Contributory Negligence; VII. Protection and the ""Background Conditions"" of Choice; 5.
- AvoidabilityI. Exercise of Care as an Objection to Liability; II. Rylands v Fletcher and Doing Things on One""s Own Terms; III. Limited Capacities and the Standard of Care; IV. Negligence Liability and the UK SARAH Act 2015; V. Conclusion; 6; Contracts and the Social Structure; I. The Classical Story and Its Limitations: Scanlon""s EL and EF Principles; II. A Structure-sensitive Alternative: The EFS Principle; III. Three Objections; IV. Contract Doctrine in the Light of the EFS Principle; V. ""Fair Terms"", Justice, and Opportunity; 7; Vicarious Liability; I. Participation and Placement.
- II. The Significance of PlacementIII. Participation and Attribution; IV. An Illustration: Vicarious Liability for the Use of Cars; V. Vicarious Liability as Protection; VI. Liability for Protection vs Direct Liability; VII. Conclusion; Conclusion; Index.