Dissertation > Excellent graduate degree dissertation topics show

Legal Philosophical Basis of Infringement Liability

Author: YiXian
Tutor: HuPingRen
School: Xiangtan University
Course: Legal Theory
Keywords: The basis of the philosophy of law Tort Liability Fault liability No-fault liability Corrective justice
CLC: D90
Type: Master's thesis
Year: 2010
Downloads: 159
Quote: 0
Read: Download Dissertation

Abstract


Academic research on the philosophical basis of the Tort Liability Act can be broadly attributed to the theory of corrective justice, corrective justice and distributive justice combines theory, effective theory of value, corrective justice and efficiency value combined with the theory. Corrective justice theory in the description of the tort liability legitimacy, will focus more on the positive discusses how tort liability through institutional arrangements to achieve corrective justice, not against the surface of the tort liability study, more does not deal with prevent tort liability defenses is also corrective justice a concrete manifestation of. A combination of corrective justice and distributive justice commentators fault liability and no-fault liability to meet the two types of justice, distributive justice is the premise of corrective justice, corrective justice is subject to distributive justice; fault liability to achieve corrective justice, no-fault liability. meet the allocated justice. Effective theory of value to rely on the theory of economics, tort liability, complex and sophisticated argument that tort liability is to maximize the benefits to meet. The theory does not have the appropriate link in tort by the nature of the relationship between the parties, easy to deny the uniqueness of the tort liability system, blur the boundaries of public and private law. Corrective justice and efficiency value combined with theory, distributive justice is the premise of corrective justice, the corrective justice distributive justice maintenance; tort liability for violations corrective maintenance in accordance with the requirements of distributive justice to delineate the pattern of distribution of benefits; legal interaction with the social and economic life of the efficiency values ??have been gradually introduced into the field of law and tort law in the pursuit of value. Aristotle's corrective justice link parties bipolar characteristics and formalism temperament, reciprocity and equality of the individual free will for its functioning to provide a strong support. Corrective justice and distributive justice is a different mode of operation and the independent value of two types of justice. Distributive justice, the subject is linked to some members of all members of society, or meet certain criteria to solve normative resource allocation within the group; corrective justice is concerned about the link for some reason, the two parties back to normative resources in a particular subject improper transfer. Fault liability direct basis for the imputation of \One end of the fault is the perpetrator of the misconduct and the other end is due to perpetrators misconduct by victims of normative losses. The corrective justice fault infringe Section tort liability, the correction of normative resources inappropriately transferred to restore equality of the parties in the process can be achieved. No-fault liability requires the offender shall be subject to proof of no-fault Disclaimer attributable to a direct basis is still unfair behavior of the offender. Liability without fault correction of this injustice achieve corrective justice. Fault liability and no-fault liability has a direct link to the unity of the parties and unity, coherent description of the process. Tort liability under the corrective justice unfair behavior correction unified proved its unique existence value. Defenses to prevent tort liability from negative description no unfair behavior exist without corrective justice role, the system of defenses that meet the corrective justice. Thus, the tort liability as a whole, the basis of the philosophy of law when the corrective justice.

Related Dissertations

  1. Study of the security obligations of the property services company,D923
  2. Network copyright infringement issues,D923.41
  3. On Civil Liability of Online Transaction Platform Providers,F724.6
  4. Damage Liability of Medical Products,D923
  5. On the notary civil liability,D926.6
  6. On the Liability of the Sponsor of Independent Activity,D923
  7. Supplemental liability Tort,D923
  8. Principles of Responsibility of the medical damage Niimi,D922.16;D925.1
  9. China's CPA tort liability,F203
  10. The imputation principle study of the environmental tort,D923
  11. On medical device product liability for damage,D923
  12. Perfect arbitrary withdrawal rights legislation of the donor,D923.6
  13. Study on Tort Liability of School in Minor Students’ Injury Accidents,D923
  14. The Initial Discussion on the Identification of Tort Liability During the Radiation Treatment,D922.16
  15. Internet Advertising of the Tort Liability,F713.8
  16. Students in Schools Study on the Principles of Personal Injuries,D922.16
  17. Research on Medical Tort Liability,D922.16
  18. Research on Trademark Tort Liability of Internet Computer Service Provider,F724.6
  19. Research on Several Legal Issues of Joint Tort,D923
  20. Study on Accounting Justice,F230
  21. \,D923

CLC: > Political, legal > Legal > Theory of law (Law)
© 2012 www.DissertationTopic.Net  Mobile