Three Essays on Torts
Three Essays on Torts

Author: Jane Stapleton

Publisher: Oxford University Press

Published: 2021-01-21

Total Pages: 129

ISBN-13: 0192645838

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This book of essays champions tort scholarship that puts judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the 'living' and 'evolving' common law. This is 'reflexive tort scholarship'. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic search for 'grand theories' that descriptively assert that tort law is fundamentally 'all about one thing', a unifying idea that alone explains and justifies the whole of tort law. This book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates key features of tort law. The first essay contrasts the reflexive approach with the Grand Theory approach, while the second essay identifies a principle of tort law (the 'cooperative principle'), that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law - that based on the famous case of Hedley Byrne v Heller. The final essay deploys the reflexive method to argue that the iconic 'but-for' test of factual causation is inadequate and narrower than the concept actually utilized in the cases. Application of the method also prompts a reassessment of the 'scope of duty' concept and of the appropriate characterisation of the much-discussed decision in SAAMCO. These essays, based on the 2018 Clarendon Law Lectures given at Oxford University, clearly demonstrate the value of scholarship that 'takes the judges seriously'.

Why They Can't Write
Why They Can't Write

Author: John Warner

Publisher: JHU Press

Published: 2018-12-03

Total Pages: 285

ISBN-13: 1421427117

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An important challenge to what currently masquerades as conventional wisdom regarding the teaching of writing. There seems to be widespread agreement that—when it comes to the writing skills of college students—we are in the midst of a crisis. In Why They Can't Write, John Warner, who taught writing at the college level for two decades, argues that the problem isn't caused by a lack of rigor, or smartphones, or some generational character defect. Instead, he asserts, we're teaching writing wrong. Warner blames this on decades of educational reform rooted in standardization, assessments, and accountability. We have done no more, Warner argues, than conditioned students to perform "writing-related simulations," which pass temporary muster but do little to help students develop their writing abilities. This style of teaching has made students passive and disengaged. Worse yet, it hasn't prepared them for writing in the college classroom. Rather than making choices and thinking critically, as writers must, undergraduates simply follow the rules—such as the five-paragraph essay—designed to help them pass these high-stakes assessments. In Why They Can't Write, Warner has crafted both a diagnosis for what ails us and a blueprint for fixing a broken system. Combining current knowledge of what works in teaching and learning with the most enduring philosophies of classical education, this book challenges readers to develop the skills, attitudes, knowledge, and habits of mind of strong writers.

Three Essays in Search of a Conversation
Three Essays in Search of a Conversation

Author: Sherman Lewis

Publisher: Hayward Area Planning Association

Published: 2022-08-27

Total Pages: 191

ISBN-13:

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These essays are for Americans concerned about the future of our country and for policy wonks. By and large, the political process is controlled by those who take an intertest in politics, large in number but small as a percent of population. Are you a member of the political class? Membership is voluntary. Our first 800 years of thinking: science culture and empathy from the Enlightenment ~1600 to ~ 2400 The Crisis of the Anthropocene: The most comprehensive description of all issues of the crisis in less than 100 pages. For the purpose of going through your mind to influence your brain. Musings on our Present Discontent: America, not advanced, not a democracy. Right to life for baby; right to choose for mom. Taxation. The security of a free state. Issues not discussed. The threat from within, Trumpism. The threat from without: Putinism. How to participate. Renewal.

Three Essays and Three Revolutions
Three Essays and Three Revolutions

Author: Francis Goskowski

Publisher: Strategic Book Publishing

Published: 2012-06-07

Total Pages: 175

ISBN-13: 1622123182

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If you have ever wondered why American Catholics and American Protestants in the mainline denominations in 2011 believe and worship in very similar ways; why Democrats and Republicans accept the necessity of governmental intervention to secure the "safety net" of services citizens may need to access at various times in their lives; and why average American workers in their pivotal role as producers and consumers of goods and services "own" the nation's economy; Three Essays and Three Revolutions is the book for you.Author Francis Goskowski argues that Martin Luther, Jean-Jacques Rousseau, and Karl Marx, three "Founding Fathers" of the modern world, are responsible for the "big ideas" that have shaped current thinking in religion, politics, and economics. By closely examining one important work of each thinker, the author shows how the revolutionary concepts Luther, Rousseau, and Marx advanced, provoked fierce opposition within the prevailing order, but ultimately gained acceptance in all circles, evidenced by the fundamental agreement on religious liberty, civic equality, and economic justice apparent throughout the Western world today.This eloquently written, thought-provoking, and sensibly priced collection of essays...is timely and long overdue. Three Essays and Three Revolutions is the sort of wonderful book of which any aspiring writer might wish to claim authorship. I am sure that it will be wisely read, thoughtfully debated, and much treasured in the years ahead. - John Quentin Feller, Ph.D., K.H.S., former professor of history and historical consultant to the late Cardinal Lawrence J. Shehan and retired Cardinal William H. Keeler, 12th and 14th Archbishops of Baltimore respectively.

Writing about Learning and Teaching in Higher Education
Writing about Learning and Teaching in Higher Education

Author: Mick Healey

Publisher:

Published: 2020-09-08

Total Pages:

ISBN-13: 9781951414054

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Writing about Learning and Teaching in Higher Education offers detailed guidance to scholars at all stages-experienced and new academics, graduate students, and undergraduates-regarding how to write about learning and teaching in higher education. It evokes established practices, recommends new ones, and challenges readers to expand notions of scholarship by describing reasons for publishing across a range of genres, from the traditional empirical research article to modes such as stories and social media that are newly recognized in scholarly arenas. The book provides practical guidance for scholars in writing each genre-and in getting them published. To illustrate how choices about writing play out in practice, we share throughout the book our own experiences as well as reflections from a range of scholars, including both highly experienced, widely published experts and newcomers to writing about learning and teaching in higher education. The diversity of voices we include is intended to complement the variety of genres we discuss, enacting as well as arguing for an embrace of multiplicity in writing about learning and teaching in higher education.