scholarly journals Treating Wrongs as Wrongs: An Expressive Argument for Tort Law

2018 ◽  
Vol 10 (2) ◽  
pp. 405-447 ◽  
Author(s):  
Scott Hershovitz
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Tort Reform ◽  
Corrective Justice ◽  
Social Standing ◽  
Tort Liability ◽  
Criminal Punishment ◽  
Expressive Function ◽  
The Social ◽  
The Way

AbstractThe idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment that the defendant wronged the plaintiff. And I explain why it is important to have an institution that expresses that judgment. I argue that we need ways of treating wrongs as wrongs, so that we can vindicate the social standing of victims. Along the way, I consider the continuity between tort and revenge, and I suggest a new way of thinking about corrective justice and the role that tort plays in dispensing it. I conclude by sketching an agenda for tort reform that would improve tort’s ability to serve its expressive function.

Tort Law, Corrective Justice and the Problem of Autonomous-Machine-Caused Harm

2020 ◽  
pp. 1-43
Author(s):  
Pinchas Huberman
Keyword(s):  
Tort Law ◽  
Corrective Justice ◽  
Tort Liability ◽  
Proximate Causation ◽  
Autonomous Machines ◽  
Learning Capabilities ◽  
Autonomous Machine ◽  
Theoretical Issues ◽  
Harmful Effects ◽  
And Robotics

Developments in artificial intelligence and robotics promise increased interaction between humans and autonomous machines, presenting novel risks of accidental harm to individuals and property.1 This essay situates the problem of autonomous-machine-caused harm within the doctrinal and theoretical framework of tort law, conceived of as a practice of corrective justice. The possibility of autonomous-machine-caused harm generates fresh doctrinal and theoretical issues for assigning tort liability. Due to machine-learning capabilities, harmful effects of autonomous machines may be untraceable to tortious actions of designers, manufacturers or users.2 As a result, traditional tort doctrine—framed by conditions of foreseeability and proximate causation—would not ground liability.3 Without recourse to compensation, faultless victims bear the accident costs of autonomous machines. This doctrinal outcome reflects possible incompatibility between tort’s theoretical structure of corrective justice and accidents involving autonomous machines. As a practice of corrective justice, tort liability draws a normative link between particular defendants and plaintiffs, as doers and sufferers of the same tortious harm, grounding defendants’ agent-specific obligations to repair the harm. Where accidents are caused by autonomous machines, the argument goes, the essential link between defendants and plaintiffs is severed; since resulting harm is not legally attributable to the human agency of designers, manufacturers or users, victims have no remedy in tort.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Tort Liability for Belligerent Wrongs

2019 ◽  
Author(s):  
Haim Abraham
Keyword(s):  
Tort Law ◽  
Corrective Justice ◽  
International Humanitarian Law ◽  
Private Law ◽  
Tort Liability ◽  
Humanitarian Law ◽  
Legal Systems

Abstract Most legal systems deny civilians a right to compensation for losses they sustain during belligerent activities. Arguments for recognising such a right are usually divorced, to various degrees, from the moral and legal underpinnings of the notion of inflicting a wrongful loss under either international humanitarian law or domestic tort law. My aim in this article is to advance a novel account of states’ tortious liability for belligerent wrongdoing, drawing on both international humanitarian law and corrective justice approaches to domestic tort law. Structuring my account on both frameworks, I argue that some of the losses that states inflict during war are private law wrongs that establish a claim of compensation in tort. Only in cases where the in bello principles are observed can losses to person and property be justified and non-wrongful. Otherwise, they constitute wrongs, which those who inflict them have duties of corrective justice to repair.

Intra-Family Torts: From Immunity to Special Rules in Criminal and Civil Law

2016 ◽  
Vol 3 (2) ◽  
pp. 117-129
Author(s):  
Salvatore Lucio Patti
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Protection ◽  
Tort Law ◽  
Social Changes ◽  
Legal Evolution ◽  
The Social ◽  
Special Rules ◽  
Italian Legislation

This article examines the development of the rules concerning criminal and civil law against family violence. It analyses the social changes and legal evolution from a mutual immunity of spouses to a widespread legal protection of victims of domestic violence. It aims to depict the tendencies towards the application of general tort law in civil law cases and towards special rules providing more and specific protection within criminal law. In this context the article also critically considers the latest international, European and Italian legislation.

MOUSIKÊ, SOCIAL STANDING, AND AESTHETIC TASTE IN QUAESTIONES CONVIVALES 7.5 AND 9.15

2019 ◽  
Vol 66 (2) ◽  
pp. 227-250
Author(s):  
David F. Driscoll
Keyword(s):  
Social Roles ◽  
Social Standing ◽  
Greek Poetry ◽  
Aesthetic Taste ◽  
Imperial Period ◽  
The Social ◽  
Excellent Work ◽  
The Way ◽  
Poetry And Music

Despite much excellent work on the social roles that mousikê played in antiquity, aesthetic taste has been too little studied: that is, the preferences that different individuals possessed, and the way in which these preferences can be understood to relate to different kinds of identities. In an attempt to tease out some of these preferences in the early Imperial period, this article discusses one of the richest, though under-studied, texts for such topics: namely, Plutarch's Quaestiones convivales (QC), which represents intellectuals engaging with Greek poetry and music in a variety of sympotic contexts. For these educated individuals, mousikê and taste in it are treated as an intrinsic aspect and component of imperial paideia.

Law vs. Justice

2019 ◽  
pp. 285-322
Author(s):  
George P. Fletcher
Keyword(s):  
Distributive Justice ◽  
Criminal Law ◽  
Tort Law ◽  
Retributive Justice ◽  
Corrective Justice ◽  
Property Law ◽  
Philosophical Theory ◽  
Theory Of Justice ◽  
Law And Justice ◽  
Economic Considerations

This concluding chapter looks at the concepts of law and justice. There are two concepts of law: law as principle and law as rule or regularity. The former is normative, while the latter is descriptive. The chapter then considers the concept of justice. In the philosophical theory of justice, one must distinguish among relevant areas of private and criminal law. Retributive justice applies in criminal law, corrective justice in torts, and distributive justice in property law. In all of these areas, the claims of justice face challenges from utilitarian and economic considerations and based on efficiency, for example, deterrence in criminal law, searching for the cheapest cost avoider in tort law, and stability in property law.

Our Most Troubling Madness

2016 ◽  
Keyword(s):  
Social Defeat ◽  
Social World ◽  
Epidemiological Evidence ◽  
The West ◽  
Social Settings ◽  
The Social ◽  
Brain Alteration ◽  
Benign Course ◽  
Cultural Features ◽  
The Way

This book examines the way schizophrenia is shaped by its social context: how life is lived with this madness in different settings, and what it is about those settings that alters the course of the illness, its outcome, and even the structure of its symptoms. Until recently, schizophrenia was perhaps our best example—our poster child—for the “bio-bio-bio” model of psychiatric illness: genetic cause, brain alteration, pharmacologic treatment. We now have direct epidemiological evidence that people are more likely to fall ill with schizophrenia in some social settings than in others, and more likely to recover in some social settings than in others. Something about the social world gets under the skin. This book presents twelve case studies written by psychiatric anthropologists that help to illustrate some of the variability in the social experience of schizophrenia and that illustrate the main hypotheses about the different experience of schizophrenia in the west and outside the west--and in particular, why schizophrenia seems to have a more benign course and outcome in India. We argue that above all it is the experience of “social defeat” that increases the risk and burden of schizophrenia, and that opportunities for social defeat are more abundant in the modern west. There is a new role for anthropology in the science of schizophrenia. Psychiatric science has learned—epidemiologically, empirically, quantitatively—that our social world makes a difference. But the highly structured, specific-variable analytic methods of standard psychiatric science cannot tell us what it is about culture that has that impact. The careful observation enabled by rich ethnography allows us to see in more detail what kinds of social and cultural features may make a difference to a life lived with schizophrenia. And if we understand culture’s impact more deeply, we believe that we may improve the way we reach out to help those who struggle with our most troubling madness.

Attention Sustainability Impact on Social Status in the Class

2020 ◽  
Vol 8 (1) ◽  
pp. 37-46
Author(s):  
Stanislava Varadinova
Keyword(s):  
Social Status ◽  
Communication Skills ◽  
School Dropout ◽  
Learning Material ◽  
Early School ◽  
The Social ◽  
The Creation ◽  
The Individual ◽  
The Way ◽  
Positive Environment

The attention sustainability and its impact of social status in the class are current issues concerning the field of education are the reasons for delay in assimilating the learning material and early school dropout. Behind both of those problems stand psychological causes such as low attention sustainability, poor communication skills and lack of positive environment. The presented article aims to prove that sustainability of attention directly influences the social status of students in the class, and hence their overall development and the way they feel in the group. Making efforts to increase students’ attention sustainability could lead to an increase in the social status of the student and hence the creation of a favorable and positive environment for the overall development of the individual.

Overcoming the Civilizational Crisis - On the Way of Spiritual and Cultural Self Identification. On the Social and Philosophical Heritage of I.A. Ilyin

2013 ◽  
pp. 76-80
Author(s):  
Alexander M. Sharipov
Keyword(s):  
Great Scientist ◽  
The Social ◽  
Cultural Self ◽  
The Way

On the activity of the International Ilyin Committee (IIC) on preparation and celebration of 130-th Anniversary of I.A.Ilyin, the great scientist and patriot of Russia.

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