The chapters and layout are thoughtful and logical. As one would expect from a writer of Steel's calibre, the tables of cases and statutes, and index and footnotes are first-class. The book is both practical and philosophical, and would be of interest to readers of all types, whether student, academic, legal practitioner or judge.

David Glass, Law Society Gazette

Tort law draws a fundamental distinction between doing harm and failing to prevent it. Generally, there is no positive duty upon private individuals to prevent harm. However, there are instances in which a failure to prevent harm—an omission—can have legal consequences. Omissions in Tort Law analyses the distinction drawn by tort law and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve anothers position. It provides novel conceptual analyses of the basic concepts that inform the imposition of positive duties, such as creation of risk, interfering with aid, assuming responsibility, controlling a source of risk, and the normative considerations that underpin them. It considers the ways in which the law differentiates between actively causing harm and failing to protect from harm, and makes recommendations as to how the law could be improved. Exploring the ways in which conceptions of morality intersect with legal obligations, Omissions in Tort Law offers a detailed and nuanced perspective on omissions and positive duties.
Les mer
This book provides a lucid, critical account of when and why a person is under a legal duty to protect others from harm, and not merely a duty not to harm. It explains the legal principles that determine when both private individuals and public authorities will be subject to liability for failures to protect from harm.
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1: Isolating the Distinction between Acts and Pure Omissions 2: Justifying a Distinction 3: Innocent Creation of Risk and Interference 4: Assumptions of Responsibility: Part 1- The Law 5: Assumptions of Responsibility: Part 2- Normative Issues 6: Control 7: Statute 8: Current Protection from a Risk 9: Easy Rescue 10: Public Authorities 11: Beyond Duty Issues: Breach, Causation, Remedies 12: Conclusion- Restating the Law on Pure Omissions
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Sandy Steel is Professor of Law and Philosophy of Law at the University of Oxford, and Dr Lee Shau Kees Sir Man Kam Lo Fellow in Law at Wadham College, Oxford. He is also Visiting Professor of Law at the Notre Dame Law School (London). His work focuses on foundational issues in private law, including causation, omissions, the nature and role of fault, and the moral basis of remedial duties. His other books include Proof of Causation in Tort Law (CUP, 2015), and co-authored with Nick McBride, Great Debates in Jurisprudence (2nd edn, Palgrave, 2018).
Les mer
Offers philosophical and doctrinal analysis of omissions, providing readers with an understanding of the basic principles that underpin this area of law Rare book-length exploration of positive duties to act in current law, allowing readers to understand a controversial legal subject area Considers whether the current law on omissions and positive duties is sufficient and sparks dialogue on possible future developments
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Produktdetaljer

ISBN
9780198866596
Publisert
2024
Utgiver
Oxford University Press
Vekt
606 gr
Høyde
240 mm
Bredde
160 mm
Dybde
22 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
304

Forfatter

Biografisk notat

Sandy Steel is Professor of Law and Philosophy of Law at the University of Oxford, and Dr Lee Shau Kees Sir Man Kam Lo Fellow in Law at Wadham College, Oxford. He is also Visiting Professor of Law at the Notre Dame Law School (London). His work focuses on foundational issues in private law, including causation, omissions, the nature and role of fault, and the moral basis of remedial duties. His other books include Proof of Causation in Tort Law (CUP, 2015), and co-authored with Nick McBride, Great Debates in Jurisprudence (2nd edn, Palgrave, 2018).