Private Wrongs
Private Wrongs

Author: Arthur Ripstein

Publisher: Harvard University Press

Published: 2016-04-05

Total Pages: 328

ISBN-13: 0674659805

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Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

Recognizing Wrongs
Recognizing Wrongs

Author: John C. P. Goldberg

Publisher: Harvard University Press

Published: 2020-02-04

Total Pages: 393

ISBN-13: 0674246527

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Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

A Handbook on Medical Ethics and Law in Malaysia
A Handbook on Medical Ethics and Law in Malaysia

Author: Zilfalil Alwi & Majdah Zawawi

Publisher: Penerbit USM

Published: 2021-12-08

Total Pages: 184

ISBN-13: 967461608X

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A Handbook on Medical Ethics and Law in Malaysia is an essential read for medical students in particular and serves as a constant guide for medical doctors as well as healthcare professionals in general. It will also be of interest for law students and lawyers who want to have a closer look at the relationship between medicine, ethics and law. This handbook succinctly highlights the primary expectation that all patients have towards their medical doctors. It helps students grasp the meaning of fiduciary duty and the various ethical principles and legal principles that relate to it. The handbook also provides case studies and court decisions that will help students, medical doctors and all health professionals alike in better understanding the application of these ethical and legal principles to difficult real-life situations. This handbook is indeed a MUST HAVE for medical students and doctors as well as anyone interested in the interface between medicine, ethics and the law.

CRIMINAL AND CONSTITUTIONAL LAW IN MALAYSIA: A COMPARATIVE APPROACH
CRIMINAL AND CONSTITUTIONAL LAW IN MALAYSIA: A COMPARATIVE APPROACH

Author: HASBOLLAH BIN MAT SAAD

Publisher: PENA HIJRAH RESOURCES

Published: 2020-05-07

Total Pages: 390

ISBN-13: 9675523107

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Criminal Law and Constitutional Law in Malaysia: A Comparative Approach is a solid, application-oriented text for students taking law subjects. Many new features make this edition a richer and stronger learning resource for students. Several factors motivated the authors to write this book. After having the experience in legal field and teaching for more than 10 years, it became clear that there was a definite need for more detail materials in this area. In addition, there was need for a book which would give full recognition to an easier method and the authors felt it was time for a text which would develop the ideas and methods with this in mind. This book covers a thorough discussion of the development of law in Malaysia; especially criminal and constitutional law matters. A major audience for the book will be students studying the law subjects. The order of topics, however, provides a degree of flexibility, so that the book can be of interest to different readers through basic concepts until the advanced concepts (i.e. the discussion of the cases). The purpose of this book is to take the readers on an introduction to Malaysian Criminal and Constitutional Law by which the meaning of such subject at basic level is better understood. Hopefully, this book can be benefited by the readers in their journey to success.

LIBEL LAW IN MALAYSIA: AN OVERVIEW
LIBEL LAW IN MALAYSIA: AN OVERVIEW

Author: Asst. Prof. Dr Hasbollah Bin Mat Saad

Publisher: GOOGLE PLAYBOOK

Published: 2023-01-15

Total Pages: 55

ISBN-13:

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Freedom of speech is fundamental to the founding of a democratic country which is distinctly expressed in Article 10 (1) (a) of the Federal Constitution. However, there are restrictions to the rights and freedom as provided for in Article 10 (2) (a) of the Federal Constitution, which exempted or excluded the defamation actions from the said right by passing the Defamation Act 1957 in controlling and ensuring the said rights and freedom of speech are exercised in accordance with the tenets of the law. The researcher intends to concentrate only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574), i.e., libel. Therefore, this book will focus on the extent of the rights and freedom of speech, and how the libel element plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept, and development of libel, explore the possible harmonisation, and establish recommendations that could be used to enhance the libel law. This book will also focus on bilateral or two-way basis research, i.e., from Malaysian law and Islamic legal perspectives in relation to freedom of speech respectively. Comparative legal research and qualitative methods will be applied in this thesis based on the legal materials, i.e., law reports, legal commentaries, judicial decisions, Quranic verses, As-Sunnah of the Prophet Muhammad (sallallahu ‘alaihi wasallam), and opinions derived from Muslim scholars. The general observation is that there are similarities and differences in libel laws according to Malaysian law and Islamic legal principles which can be blended and forming effective Malaysian libel law for the purpose of strengthening the countermeasure against more complicated libel actions and at the same time to balance and integrate the relationship between libel law and freedom of speech, and this may be implemented through the harmonisation processes.

Comparative Tort Law
Comparative Tort Law

Author: Mauro Bussani

Publisher: Edward Elgar Publishing

Published: 2021-02-26

Total Pages: 584

ISBN-13: 1789905982

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This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.