Results for 'Compensation (Law'

33 found
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  1. Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - New York: Cambridge University Press.
    This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the (...)
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  2. Responsibility, Compensation and Accident Law Reform.Nicole A. Vincent - 2007 - Dissertation, University of Adelaide
    This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that (...)
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  3. Compensation for Mere Exposure to Risk.Nicole A. Vincent - 2004 - Australian Journal of Legal Philosophy 29:89-101.
    It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...)
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  4. The Compensation Principle.Simkulet William - 2015 - Filosofiska Notiser 2 (1):47-60.
    In "Should Race Matter?," David Boonin proposes the compensation principle: When an agent wrongfully harms another person, she incurs a moral obligation to compensate that person for the harms she has caused. Boonin then argues that the United States government has wrongfully harmed black Americans by adopting pro-slavery laws and other discriminatory laws and practices following the end of slavery, and therefore the United States government has an obligation to pay reparations for slavery and discriminatory laws and practices to (...)
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  5. A fair exchange: why living kidney donors in England should be financially compensated.Daniel Rodger & Bonnie Venter - 2023 - Medicine, Health Care and Philosophy 26 (4):625-634.
    Every year, hundreds of patients in England die whilst waiting for a kidney transplant, and this is evidence that the current system of altruistic-based donation is not sufficient to address the shortage of kidneys available for transplant. To address this problem, we propose a monopsony system whereby kidney donors can opt-in to receive financial compensation, whilst still preserving the right of individuals to donate without receiving any compensation. A monopsony system describes a market structure where there is only (...)
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  6.  80
    Environmental law & the limits of markets.Jonathan Benson - 2018 - Cambridge Journal of Economics 42 (1):215–230.
    A number of writers have drawn on Hayek’s epistemic defence of market institutions to argue that free-markets and tort law are best placed to overcome the knowledge problems associated with the environmental sphere. This paper argues to the contrary, that this Austrian School approach itself suffers from significant knowledge problems. The first of these relates to the ability of Austrian economics to assign victim compensation and the second to the difficulty of establishing causation in complex environmental problems. The paper (...)
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  7. Temporal Goods: A Compensation Fund?Christine O'Riley - manuscript
    The scope of the sexual abuse of minors’ crises within the Catholic Church examined in conjunction with the purpose of temporal goods, the responsibility of the episcopate, the meaning of good stewardship, the faithful’s obligation to financially support the church, and compensation to alleged victims and their attorneys presents a realistic quandary for the Christifideles. -/- Should the Church replete with its perceived “deep pockets” be “selling off” temporal goods to remunerate lawsuits, which in some situations far exceed those (...)
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  8.  55
    Right vs Entitlement: Criminal Victim Compensation in the UK.Damian Wayne Williams - forthcoming - Forthcoming.
    The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, (...)
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  9. Proportionality in the Liability to Compensate.Todd Karhu - 2022 - Law and Philosophy 41 (5):583-600.
    There is widely thought to be a proportionality constraint on harming others in self-defense, such that an act of defensive force can be impermissible because the harm it would inflict on an attacker is too great relative to the harm to the victim it would prevent. But little attention has been given to whether a corresponding constraint exists in the ethics of compensation, and, if so, what the nature of that constraint is. This article explores the issue of proportionality (...)
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  10.  94
    Biblical Law as the Source of Morality in Calvin.Marta García-Alonso - 2011 - History of Political Thought 32 (1):1-19.
    In this article, I discuss the Protestant contribution to the modern concept of autonomy on the basis of an analysis of John Calvin's moral theology. I show that Calvin affirms our incapacity to know and want what is morally good, as expressed by natural law. Such incapacity is compensated for by the biblical mandates that, according to Calvin, should be incorporated into the positive legislation of Christian republics. In view of all this, I conclude that Calvin is far from the (...)
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  11. Is the risk–liability theory compatible with negligence law?Toby Handfield & Trevor Pisciotta - 2005 - Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis (...)
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  12. Risk, Everyday Intuitions, and the Institutional Value of Tort Law.Govind C. Persad - 2009 - Stan. L. Rev 62:1445.
    This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more defensible. The (...)
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  13. Structure and Role of the Board of Directors according to the Company Law of Jordan: The Need for Revision.Bashar H. Malkawi - manuscript
    Corporate governance is developing rapidly in many countries across the world. In this article, the existing state of corporate governance in Jordan is examined. Jordan does not have a corporate governance code per se. The article reveals that overall Jordan has in place some of the features of corporate governance best practice, but that there remains further progress to be made in areas such as independence of directors, compensation, and correlation between shareholding and entitlement to seats on the board. (...)
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  14.  64
    Compensatory Preliminary Damages: Access to Justice as Corrective Justice.Sayid Bnefsi - 2024 - CUNY Law Review 27 (1):70-116.
    The access-to-justice movement broadly concerns the extent to which people have the ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. In part, this is because legal services and litigation are cost-prohibitive, especially for indigent plaintiffs. As a result, these individuals are priced out of litigation and, by extension, unable to use law to (...)
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  15. Nonhuman Self-Investment Value.Gary Comstock - manuscript
    Guardians of companion animals killed wrongfully in the U.S. historically receive compensatory judgments reflecting the animal’s economic value. As animals are property in torts law, this value typically is the animal’s fair market value—which is often zero. But this is only the animal’s value, as it were, to a stranger and, in light of the fact that many guardians value their animals at rates far in excess of fair market value, legislatures and courts have begun to recognize a second value, (...)
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  16. Does Milton Friedman Support a Vigorous Business Ethics?Christopher Cosans - 2009 - Journal of Business Ethics 87 (3):391-399.
    This paper explores the level of obligation called for by Milton Friedman’s classic essay “The Social Responsibility of Business is to Increase Profits.” Several scholars have argued that Friedman asserts that businesses have no or minimal social duties beyond compliance with the law. This paper argues that this reading of Friedman does not give adequate weight to some claims that he makes and to their logical extensions. Throughout his article, Friedman emphasizes the values of freedom, respect for law, and duty. (...)
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  17. In Lieu of a Sovereignty Shield, Multinational Corporations Should Be Responsible for the Harm They Cause.Edmund F. Byrne - 2014 - Journal of Business Ethics 124 (4):609-621.
    Some progress has been made in recent decades to articulate corporate social responsibility (CSR) and, more recently, to associate CSR with international enforcement of human rights. This progress continues to be hampered, however, by the ability of a multinational corporation (MNC) that violates human rights not only to shift liability from itself to a nation-state but even to win compensation from that nation-state for loss of profits due to restrictions on its business activities. In the process, the nation-state’s sovereignty (...)
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  18. The ethics of people smuggling.Javier Hidalgo - 2016 - Journal of Global Ethics 12 (3):311-326.
    ABSTRACTPeople smugglers help transport migrants across international borders without authorization and in return for compensation. Many people object to people smuggling and believe that the smuggling of migrants is an evil trade. In this paper, I offer a qualified defense of people smuggling. In particular, I argue that people smuggling that assists refugees in escaping threats to their rights can be morally justified. I then rebut the objections that people smugglers exploit migrants, have defective motivations, and wrongly violate the (...)
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  19. Rawlsian Affirmative Action.Robert S. Taylor - 2009 - Ethics 119 (3):476-506.
    My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...)
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  20. Gleiche Gerechtigkeit: Grundlagen eines liberalen Egalitarismus.Stefan Gosepath - 2004 - Frankfurt am Main: Suhrkamp.
    Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...)
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  21. The Place of Political Forgiveness in Jus post Bellum.Leonard Kahn - forthcoming - In Court Lewis (ed.), Underrepresented Perspectives on Forgiveness. Vernon Press.
    Jus post Bellum is, like Jus ad Bellum and Jus in Bello, a part of just war theory. Jus post Bellum is distinguished from the other parts of just war theory by being primarily concerned with the principles necessary for securing a just and lasting peace after the end of a war. Traditionally, jus post bellum has focused primarily on three goals: [1] compensating those who have been the victims of unjust aggression, while respecting the rights of the aggressors, [2] (...)
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  22. Skepticism about Jus Post Bellum.Seth Lazar - 2012 - In Larry May & Andrew Forcehimes (eds.), Morality, Jus Post Bellum, and International Law. Cambridge University Press. pp. 204-222.
    The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you (...)
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  23. A Reconciliation Theory of State Punishment: An Alternative to Protection and Retribution.Thaddeus Metz - 2022 - Royal Institute of Philosophy Supplement 91:119-139.
    I propose a theory of punishment that is unfamiliar in the West, according to which the state normally ought to have offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster improved relationships between offenders, their victims, and the broader society. I begin by indicating how this theory draws on under-appreciated ideas about reconciliation from the Global South, and especially sub-Saharan Africa, and is distinct from the protection and (...)
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  24. How to Translate - English Translation Guide in European Union.Nicolae Sfetcu - 2015 - Drobeta Turnu Severin: MultiMedia Publishing.
    A guide for translators, about the translation theory, the translation process, interpreting, subtitling, internationalization and localization and computer-assisted translation. A special section is dedicated to the translator's education and associations. The guide include, as annexes, several independent adaptations of the corresponding European Commission works, freely available via the EU Bookshop as PDF and via SetThings as EPUB, MOBI (Kindle) and PDF. For a “smart”, sensible translation , you should forget not the knowledge acquired at school or university, but the corrective (...)
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  25. Innocent Owners and Guilty Property.Michael Baur - 1996 - Harvard Journal of Law and Public Policy 20:279-292.
    American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court upheld the (...)
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  26. Intellectual Property is Common Property: Arguments for the Abolition of Private Intellectual Property Rights.Andreas Von Gunten - 2015 - buch & netz.
    Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal framework. And (...)
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  27. Corrective Duties/Corrective Justice.Giulio Fornaroli - 2024 - Philosophy Compass 19 (3):e12968.
    In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...)
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  28. The inheritance-based claim to reparations.Stephen Kershnar - 2002 - Legal Theory 8 (2):243-267.
    Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...)
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  29. Nozick’s Reply to the Anarchist: What He Said and What He Should Have Said about Procedural Rights.Helga Varden - 2009 - Law and Philosophy 28 (6):585 - 616.
    Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. Compensation, however, (...)
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  30. The Role of Environmental Ethics in building the Future of Civilized Societies.Abduljaleel Kadhim Alwali - 2015 - Dar Al-Nashire 1 (1):P.221-236.
    The concept of Environment is an ethical concept which was discussed by Greek philosophers at ancient time. Plato (347-427 BC) in his book Laws asks everyone who changes the environment to fix it as well. For example, if anyone pollutes the water well, they would also need to try to treat the pollution problem and compensate people for their loss due to the pollution problem. The Environment Ethics is a contemporary branch of philosophy. It has its own concepts that make (...)
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  31. The new French resistance: commodification rejected?Donna Dickenson - 2005 - Medical Law International 7 (1):41-63.
    In this article I evaluate a resurrected French resistance movement--to biotechnological commodification. The official French view that ‘the body is the person’ has been dismissed as a ‘taboo’ by the French political scientist Dominique Memmi . Yet France has indeed resisted the models of globalised commodification adopted in US bioechnology, as, for example, when the government blocked a research collaboration between the American firm Millennium Pharmaceuticals and a leading genomics laboratory, le Centre d’Etude du Polymorphisme Humain, on the grounds the (...)
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  32. Property, Solidarity and (German) History.José Brunner - 2009 - Theoretical Inquiries in Law 10 (1 Forum).
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  33. DR. [REVIEW]Sally Ramage - 2015 - Current Criminal Law 7 (4):1-14.
    Dido Belle was the illegitimate daughter of Captain Lindsay, the aristocratic nephew of William Murray, Scottish by birth and Lord Chief Justice of England for many decades. The book tells the story of Dido's life in Lord Mansfield homes, from the time her father begged Lord and Lady Mansfield to be wards of the child Dido to the death at age 88 of Lord Mansfield, mainly cared for by Dido and to Dido's young death at age 43. It also raises (...)
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