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作者 Harding, Amanda Leigh
書名 The balanced theory: A desert based approach to tort law
國際標準書號 9780542622328
book jacket
說明 36 p
附註 Source: Masters Abstracts International, Volume: 44-05, page: 2108
Adviser: John Arthur
Thesis (M.A.)--State University of New York at Binghamton, 2006
This thesis challenges the philosophical foundations of predominant theories of tort law with an exposition of the law's failure to address desert claims in reference to victim compensation. Presently, tort law focuses solely on rectifying the cost incurred by the victim. This practice fails to account for the desert of both plaintiff and defendant. Desert is understood as the guiding principle in tort law as it provides a justification for holding individuals responsible for the consequences of autonomous actions. The balanced theory advocates a specific understanding of the purpose of tort law in which the importance of victim compensation is equivalent to the source of the compensation---that being the wrongdoer. The implementation of this approach would satisfy desert claims of both affiliated parties and provide a response to the current deficiency found within the law of torts
School code: 0792
Host Item Masters Abstracts International 44-05
主題 Law
Alt Author State University of New York at Binghamton
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