The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

scholarly journals Legal Cultures, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law

1998 ◽  
Vol 47 (3) ◽  
pp. 495-536 ◽  
Author(s):  
Mark Van Hoecke ◽  
Mark Warrington
Keyword(s):  
Legal Discourse ◽  
Comparative Law ◽  
Legal Doctrine ◽  
New Model ◽  
The Core ◽  
The Past ◽  
The Subject ◽  
The Law ◽  
Broad Approach ◽  
The Way

Over the past decade especially, many writers have emphasised the need for a broad approach to the subject of comparative law, thereby moving it beyond the “law as rules” approach of traditional legal doctrine. It is becoming steadily apparent that comparatists cannot limit themselves to simply comparing rules. The “law as rules” approach has to be placed in a much wider context Broader investigation reveals that it is not even rules which are at the core of the comparative endeavour; it is, rather, the legal discourse, the way lawyers work with the law and reason about it.

scholarly journals Risks and Uncertainties of Scientific Innovations in French Liability Law: Between Radical Departure and Continuity

2014 ◽  
Vol 59 (4) ◽  
pp. 889-912
Author(s):  
Etienne Vergès
Keyword(s):  
Nineteenth Century ◽  
Technological Innovation ◽  
Science And Technology ◽  
Civil Liability ◽  
French Law ◽  
Liability Law ◽  
Legal Innovation ◽  
The Law ◽  
The Impact ◽  
Scientific Innovations

The author investigates changes in French liability law that have occurred since the end of the nineteenth century as a result of innovation in science and technology and, in particular, of the risks and uncertainties attached to this phenomenon. This text explores the extent to which scientific and technological innovation has influenced legal innovation in the field of civil liability. The author seeks to address whether science- and technology-based legal developments resulted in radical departures from the general principles of civil liability, or rather take place within a continued evolution of the law. This study demonstrates that the impact of scientific and technological innovation on liability is ambivalent; changes in the French law of civil liability have constituted both a radical departure and a continuity of orthodox practice.

Q 1-15 Why did the court in C1-5 ultimately apply the CISG, although it had not entered into force in one of the Contracting States? Q 1-16 a) Why does the CISG provide for the possibility of a reservation in Art. 95 CISG? b) What is the purpose of Art. 95 CISG? Q 1-17 a) In C1-5, why was the CISG not applicable through Art. 1(1)(a)? b) Why was the court wrong to find that the CISG governed this case? c) Could the court have found out the reservation made by the USA under Art. 95 CISG? Where could it have been looked up? Q 1-18 Look at the following examples and decide whether the CISG is the applic-able law: a) The lex fori of Swiss courts leads to the law of China. b) The lex fori of a Czech court leads to French law. c) The lex fori of a US court leads to US law. d) A claim arising from a sales contract between a US and an Italian enter-prise has been brought before a US court. e) A US buyer sues a Slovakian seller in a US court. Q 1-19 Germany has made a declaration that it will not apply Art. 1(1)(b) CISG if the conflict of laws rules lead to the application of the law of a Contracting State which has made a reservation within the meaning of Art. 95 CISG. Can you imagine why Germany made such a declaration? To put it differently, a minority view in legal commentary holds that the CISG could be applicable via Art. 1(1)(b) despite the fact that the other party is located in a Contracting State that has made a declaration according to Art. 95 CISG. What reasons could there be for such a view? Q 1-20 Work out the most significant differences with regard to the applicability of the UP 2004, the PECL, and the CISG. Consider the legal status of the UP 2004 and the PECL, respectively. Q 1-21 Compare the way in which ‘international’ is defined in the UP 2004 and the CISG, respectively. Q 1-22 Do the parties to an international sales contract have the possibility to choose the UP 2004 or the PECL as the law applicable to their contract?

2007 ◽  
pp. 75-77
Keyword(s):  
Legal Status ◽  
The Other ◽  
French Law ◽  
Conflict Of Laws ◽  
The Usa ◽  
The Law ◽  
Minority View ◽  
International Sales ◽  
The Way

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

Legislation and the Constitutional Framework

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Law ◽  
Primary Source ◽  
Legislative Process ◽  
French Law ◽  
Major Overhaul ◽  
Different Types ◽  
The Way

This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

scholarly journals Bridging Ride and Play Comfort

Information ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 119
Author(s):  
Zeliang Zhang ◽  
Kang Xiaohan ◽  
Mohd Nor Akmal Khalid ◽  
Hiroyuki Iida
Keyword(s):  
Physical Performance ◽  
Ride Comfort ◽  
Roller Coaster ◽  
Mental Experience ◽  
The Law ◽  
Target Environment ◽  
Rider Comfort ◽  
The Relationship ◽  
Suitable Environment ◽  
The Way

The notion of comfort with respect to rides, such as roller coasters, is typically addressed from the perspective of a physical ride, where the convenience of transportation is redefined to minimize risk and maximize thrill. As a popular form of entertainment, roller coasters sit at the nexus of rides and games, providing a suitable environment to measure both mental and physical experiences of rider comfort. In this paper, the way risk and comfort affect such experiences is investigated, and the connection between play comfort and ride comfort is explored. A roller coaster ride simulation is adopted as the target environment for this research, which combines the feeling of being thrill and comfort simultaneously. At the same time, this paper also expands research on roller coaster rides while bridging the rides and games via the analogy of the law of physics, a concept currently known as motion in mind. This study’s contribution involves a roller coaster ride model, which provides an extended understanding of the relationship between physical performance and the mental experience relative to the concept of motion in mind while establishing critical criteria for a comfortable experience of both the ride and play.

scholarly journals The Cognitive Psychology of Rules of Interpretation in International Law

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 258-262
Author(s):  
Anne van Aaken
Keyword(s):  
Cognitive Psychology ◽  
International Law ◽  
Vienna Convention ◽  
International Treaty ◽  
Treaty Law ◽  
Psychology Perspective ◽  
The Law ◽  
Biases And Heuristics ◽  
The Way

While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases and heuristics affect the way judges and other interpreters use the VCLT rules.

The Law of Martial Rule

1928 ◽  
Vol 22 (3) ◽  
pp. 591-616
Author(s):  
Charles Fairman
Keyword(s):  
Public Opinion ◽  
Martial Law ◽  
General Belief ◽  
Military Tribunal ◽  
The Law ◽  
The Military ◽  
The Way

It is not in the least unusual, in newspaper accounts of a strike, riot, flood, or fire, to read that the governor has proclaimed martial law and summoned the militia to the threatened zone. However exaggerated such reports may be, they are evidence of a general belief that there exists some mysterious “martial law” which, when proclaimed, augments the powers of soldiers and paves the way for heroic measures. Nor are these notions wholly fanciful. For such a proclamation may indeed be followed by an extraordinary régime in which the military authority will issue regulations for the conduct of the civil population, troops may be called upon to take life, and perhaps the individuals accused of fomenting trouble will be held without authority of a court, or in some cases may even be tried by a military tribunal. Quite likely these severe measures will receive the approval of public opinion. Yet it is surprising that a people ordinarily rather legalistic should have evinced so little disposition to inquire what rules of law, if any, govern the exercise of these military powers. To answering that unasked query the present study is addressed.

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