An Injury Law Constitution
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Product details:
- Publisher OUP USA
- Date of Publication 19 April 2012
- ISBN 9780199896363
- Binding Hardback
- No. of pages312 pages
- Size 165x236x30 mm
- Weight 590 g
- Language English 0
Categories
Short description:
An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. The book argues that the body of law that Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution-a fundamental set of principles that govern relations between human persons and between individual persons and corporate and governmental institutions.
MoreLong description:
Author Marshall S. Shapo presents the argument that the body of law Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution--a fundamental set of principles that govern relations among people and between people and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate the safety of risky activities and of products ranging from drugs and medical devices to automobiles and cigarettes. An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. Professor Shapo's analysis, into which he weaves the history of these varied systems of law, links them to the unique compensation plan devised for the victims of the September 11th attacks on the World Trade Center. Professor Shapo examines how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution serves as a guide to the question of what it means to be an American. Refusing to accept easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.
MoreTable of Contents:
Introduction
Chapter One, An Injury Law Constitution
Chapter Two, Injury Law and Power
Chapter Three, Rights
Chapter Four, Injuries
Chapter Five, Mechanisms of the Law
Chapter Six, Legal Doctrine
Chapter Seven, Functional Elements of the Law
Chapter Eight, Social and Individual Goods, Sometimes in Competition
Chapter Nine, The Rationales of Injury Law
Chapter Ten, Remedies and Sanctions
Chapter Eleven, The Supreme Court and Injury Law
Conclusion