silviacolasanti.it
» » The Duty to Act: Tort Law, Power, and Public Policy

Download The Duty to Act: Tort Law, Power, and Public Policy fb2, epub

by Marshall S. Shapo

Download The Duty to Act: Tort Law, Power, and Public Policy fb2, epub

ISBN: 0292780257
Author: Marshall S. Shapo
Language: English
Publisher: Univ of Texas Pr (October 1, 1978)
Pages: 203
Category: Business
Subcategory: Law
Rating: 4.3
Votes: 675
Size Fb2: 1988 kb
Size ePub: 1577 kb
Size Djvu: 1144 kb
Other formats: lrf rtf mbr lrf


Shapo cuts through the emotion and the complexity to present a view of litigated tort law problems that is both .

Shapo cuts through the emotion and the complexity to present a view of litigated tort law problems that is both legally sound and intuitively appealing. These considerations of power and corresponding dependence provide the basis for Shapo’s study of the duties of both private citizens and governments to prevent injury to others.

Torts United States Personal injuries Assistance in emergencies Public policy (Law). On this site it is impossible to download the book, read the book online or get the contents of a book. The administration of the site is not responsible for the content of the site. The data of catalog based on open source database. All rights are reserved by their owners. Download book The duty to act : tort law, power, & public policy, by Marshall S. Shapo.

His particular focus is on an age-old problem in tort law: the question of when a person has a duty to aid another in peril. In analyzing a large number of cases in this category, Shapo develops an analysis that blends considerations of economic efficiency and humanitarian concern.

A woman terrified by the threats of a jilted suitor is denied police protection. Springing from varied areas of human activity, such cases occupy an important area of the legal battleground called modern tort law. A workman collapses on the job and the employer is slow to help him. A bully in a bar begins to carry out threats of serious injury to a customer, after the bartender's lackadaisical response.

The Duty to ACT book. Goodreads helps you keep track of books you want to read. Start by marking The Duty to ACT: Tort Law, Power, and Public Policy as Want to Read: Want to Read savin. ant to Read.

AU - Shapo, Marshall S. Py - 1978. BT - The Duty to Act: Tort Law, Power and Public Policy. PB - University of Texas Press. ER -. Shapo MS. The Duty to Act: Tort Law, Power and Public Policy. University of Texas Press, 1978.

University of Texas Press. Assembled Product Dimensions (L x W x H). 0 x . 1 x . 1 Inches. We're committed to providing low prices every day, on everything.

SECTION ONE Tort Law and Its Purposes. Chapter SixtyFive Duty to Act. 358. Part four the tort liability. 2. 04A Tort Law as a System. A workman collapses on the job and the.

A woman terrified by the threats of a jilted suitor is denied police protection. A workman collapses on the job and the employer is slow to help him. A bully in a bar begins to carry out threats of serious injury to a customer, after the bartender’s lackadaisical response. Springing from varied areas of human activity, such cases occupy an important area of the legal battleground called modern tort law. They also provide the basis for a fascinating legal analysis by Marshall S. Shapo.

Tort law is an important social mediator of events surrounding personal injuries. It impinges on many other areas of the law—those dealing with crime, constitutional protections against government officials and agencies, and property rights. Since litigated tort cases often involve brutal treatment or accidents inflicting severe physical harm, this area of the law generates much emotion and complex legal doctrine.

Shapo cuts through the emotion and the complexity to present a view of these problems that is both legally sound and intuitively appealing. His emphasis is on power relationships between private citizens and other individuals, as well as between private persons and governments and officials. He undertakes to define power in a meaningful way as it relates to many tort issues faced by ordinary citizens, and to make this definition precise by constant reference to concrete cases. His particular focus is on an age-old problem in tort law: the question of when a person has a duty to aid another in peril.

In analyzing a large number of cases in this category, Shapo develops an analysis that blends considerations of economic efficiency and humanitarian concern. Recognizing that economic considerations are significant in judicial analysis of these cases, he emphasizes elements that go beyond a simple concern with efficiency, especially the ability of one person to control another’s actions or exposure to risk.

These considerations of power and corresponding dependence provide the basis for Shapo’s study of the duties of both private citizens and governments to prevent injury to others. Calling on a broad range of legal precedents, he also refers to social science research dealing with the behavior of bystanders when fellow citizens are under attack.

Beyond his application of a power-based analysis to litigation traditionally based in tort doctrine, Shapo offers some speculative suggestions on the possible applicability of his views to several controversial areas of welfare law: medical care, municipal services, and educational standards.

This book was written with a view to readership by interested citizens as well as legal scholars, judges, and practicing attorneys.

Comments:

Cargahibe
I read Prof. Shapo's book in law school about ten or eleven years ago and had occasion to peruse this volume (and his other works) again after that time interlude. Having done a lot of legal writing myself in the intervening time frame (one law book on antitrust and twenty-three law review articles) I can better assess Shapo's work. I was and remain extremely impressed by Prof. Marshall Shapo's scholarship and legal analysis in the area of torts. He is an excellent law professor and an excellent legal thinker. Shapo's books wrestle with all the nettlesome policy issues confronting our society today. My hat's off to you, professor
Cordanara
I too read Professor Shapo in law school, and I fundamentally disagree with the earlier review of this book. Didn't Professor Shapo teach that the law is an evolving creature; if so, it looks like the law in this case stopped evolving around 1975....while a huge fan of A Nation of Guinea Pigs (I have read it twice), I found A Duty to Act to be lacking in how it addresses fundamental changes to tort law in the last twenty-five years...I may not have written 23 law review articles since I graduated, but I did go to school in the state of Minnesota!

Related to The Duty to Act: Tort Law, Power, and Public Policy

Download Perspectives on Tort Law fb2, epub

Perspectives on Tort Law fb2 epub

Author: Robert L. Rabin
Category: Business
ISBN: 0316730076
Download Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment fb2, epub

Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment fb2 epub

Author: James Gordley
Category: Legal Theory & Systems
ISBN: 0199291675
Download Child Abuse Tort Claims Against Public Bodies: A Comparative Law View fb2, epub

Child Abuse Tort Claims Against Public Bodies: A Comparative Law View fb2 epub

Author: Duncan Fairgrieve,Sarah Green
Category: Business
ISBN: 0754642631
Download Essential Cases on Natural Causation (Digest of European Tort Law) fb2, epub

Essential Cases on Natural Causation (Digest of European Tort Law) fb2 epub

Author: Bénédict Winiger,Helmut Koziol,Reinhard Zimmermann,Bernhard A. Koch
Category: Administrative Law
ISBN: 3211369570
Download Tort Law Desk Reference 2005: A Fifty-State Compendium fb2, epub

Tort Law Desk Reference 2005: A Fifty-State Compendium fb2 epub

Author: Morton F. Daller
Category: Business
ISBN: 0735555400
Download Tort (Nutcases) fb2, epub

Tort (Nutcases) fb2 epub

Author: Vera Bermingham
Category: Business
ISBN: 184703439X
Download Tort in a Nutshell (Nutshells) fb2, epub

Tort in a Nutshell (Nutshells) fb2 epub

Author: Ralph Tiernan
Category: Business
ISBN: 0421368403