A bold challenge to a central assumption in modern moral and legal thinking, showing that wrongs and rights are not flip sides of the same coin but instead represent fundamentally distinct moral phenomena.

It is commonplace to regard rights and wrongs as mirror images of each other: to be wronged, we think, is to have one's rights violated. According to this familiar picture of the moral landscape, there is an inescapable relationship between our claims on others and our complaints against them. Indeed, if to have a right means just that one can reasonably claim redress for being wronged, then there is really nothing separating wrongs and rights.

Legal scholar and philosopher Nicolas Cornell rejects this view. He argues that although wrongs and rights often correspond and overlap, they diverge systematically in a range of contexts and play substantively different roles in our lives. Wrongs are not merely the outline left where rights have been taken away, and rights are more than just the glimmer of future liability.

To make its case, Wrongs and Rights Come Apart engages a variety of examples from literature, legal cases, moral philosophy, and contemporary culture. In accessible, lively prose, Cornell explores topics such as illicit promises, forgiveness, animal rights, and economic exploitation. It turns out that potential wrongs--unlike rights--do not determine how we ought to conduct ourselves. And crucially, rights--unlike wrongs--do not tell us what corrective action is appropriate after a violation. Only by seeing rights and wrongs as distinct concepts, Cornell concludes, can we do justice to the richness of our interpersonal obligations.

Tort Law - The American and Louisiana Perspectives, Fourth Edition, has as its primary objective a study of tort law in the United States and Louisiana. It differs from most other torts casebooks, however, in that it has a secondary objective of providing an exercise in comparative law. In the United States, we often overlook the fact that the common law system that prevails in our nation is not the only legal system in the world. Much of the world applies a civil law approach in which a civil code has a more prominent role than case law. In a world in which trade and economics, politics, and law cross national borders, it has become increasingly important to be aware of and conversant in other nations' legal systems. Louisiana, the only state in the United States that can be described as a mixed jurisdiction, using both civil law and common law, provides an excellent model for examining and comparing and contrasting civil law and common law approaches to various legal issues. This book invites the reader to both study tort law and consider the differences and similarities between the common law states and a state that has a civil code and views the role of the courts and the legislature somewhat differently.

Cited in numerous judicial decisions across Canada, The Law of Torts is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law, as well as the social policies underlying the law. As with its previous editions, this book reviews the foundations, characteristics, and objectives of tort law with specific discussions of negligence, intentional torts, strict liability, vicarious liability, nuisance, and defamation. It explains the relationships between tort law and other branches of private law, including contract law and restitution, and between tort law and public law, particularly the Charter of Rights and Freedoms.

The sixth edition explores current trends in judicial decision-making by incorporating significant developments in the law, including a discussion of Supreme Court decisions in the areas of psychiatric injury in negligence law, the scope of the duty of care in negligent misrepresentation, and the role of intervening causes in negligence litigation. The text also discusses new initiatives in the areas of privacy, the responsibility of lawyers who refer their clients to other professionals, human trafficking, and anti-SLAPP legislation.

In the turbulent arena of armed conflicts, Tort Liability in Warfare: States' Wrongs and Civilians' Rights emerges as a groundbreaking exploration of civilians' legal recourse against states for losses to life, bodily integrity, and property.
With a fresh perspective informed by corrective justice, the law of war, and substantive rule of law principles, Haim Abraham constructs a novel framework for understanding the moral and legal obligation of states to civilians in the aftermath of combat, and proposes that existing domestic tort law could and should address wrongful losses in this context. This book boldly confronts the prevailing academic and legal orthodoxy which dismisses the application of tort law in times of war, and offers a framework that empowers individuals to vindicate their rights and acts as a bulwark against abuse of public power.
By reviewing and analyzing the applicability of tort law to peacekeeping, urban warfare, counter-terrorism activities, and long-range warfare in Australia, Canada, England, Israel, and the United States, the book offers real world insights on how tort liability can serve as a mechanism for reparations and accountability.
Tort Liability in Warfare is a clarion call for a shift in legal paradigms, urging a path towards effective remedies for civilians caught in the crossfire of nations at war. It is an essential read for legal scholars, practitioners, and anyone invested in the pursuit of justice in the complex landscape of armed conflict.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.

Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and structures of tort law are neutral and unbiased, free of considerations of gender and race.
In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.

Now in its eighth edition Markesinis and Deakin's Tort Law provides a general overview of the law and full discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy.
In addition, the authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context thereby giving students a deeper and richer understanding of tort law.

This detailed and authoritative book offers teachers a wide range of topics to cover, while providing students with a text which is both descriptive and reflective of this branch of law.

Will anyone ever know what happened to the Aloha, a sport fishing boat that vanished with all onboard in the Pacific off San Francisco's coast? 'Knowing' may be a complex, inexact business. There's real truth and then there's courtroom truth; a jury's verdict may not approach what actually happened. Can someone reading about such an event-without witnesses or hard evidence to explain it-be sure where the truth lies? Still, trials and juries are what we use in our legal system to find truth. The Widow Wave explores this alternate reality. It is a fascinating true-life mystery and lawyer procedural rolled into one. Jay Jacobs offers no facile answers-and he's not the flawless protagonist typically starring in such dramas. He lets us see how such a big wrongful death case really unfolds, in a true story that reads like a novel. Will the jury find the truth? Will the reader? An intelligently told true story of honor, integrity and justice. The Widow Wave reminded me of The Perfect Storm, played out in a taut courtroom thriller. Jay Jacobs masterfully weaves the harrowing tale of the last voyage of the Aloha, and courtroom battle that followed. A great read. - Robert Dugoni, New York Times bestselling author of My Sister's Grave A compelling story of a modern day maritime tragedy that beautifully discusses the vital importance of advances in observational technologies, forecasts and communications in avoiding future loss of life at sea. Jacobs skillfully weaves together the legal, scientific and maritime narratives to enthrall and educate the reader. - Julie Thomas, Scripps Institution of Oceanography, Manager of the Institute of Geo and Planetary Physics Trial lawyer Jay Jacobs, in a unique, personally revealing memoir, defends a widow and her deceased husband's honor in an intimate first person account of how the civil trial process unfolds.... The reader will learn about the strategies, shoals, and embroilments of a real life, vigorously contested trial with its many emotional upheavals. - Justice James Marchiano (ret.), formerly Presiding Justice, California Court of Appeals, First Appellate District

In Public Nuisance, Linda Mullenix describes the landscape of 21st century mass tort litigation involving public harms - including lead paint, opioids, firearms, e-cigarettes, climate change, and environmental pollution - and the novel theory of public nuisance that lawyers and local governments have used to receive compensation from those who have created public nuisances. The book surveys conflicting judicial decisions rooted in common law and statutory interpretation and evaluates the competing arguments for and against the expansion of public nuisance law. Mullenix argues that that the development of public nuisance theory is part of the historical arc of mass tort litigation and suggests a middle approach to new public nuisance law, namely that we should embrace the common law and legislated public nuisance statutes.

This comprehensive collection of business advice, technological guidance, and practical instruction on how to find success in the world of mass torts is, quite simply, unlike any other mass tort book available today.
It compiles―in one single, easily digestible volume―a comprehensive array of wisdom from the most successful lawyers in the field as well as targeted advice from bleeding-edge technologists, financiers, and industry thought leaders.
The result is a one-of-a-kind road map for growth, which will help lawyers in other fields confidently migrate into mass torts while improving the business operations of those already working in the field. Its central aim is to help readers achieve three goals: Attain personal and financial success in mass torts. Establish one's own enduring legacy in a rapidly changing field. And most importantly, help victims who have been wronged by corporate negligence find equitable justice under the law.
Its development has been conceived, spearheaded, and overseen by Jacob Malherbe, the founder and CEO of X Social Media, an influential Inc. 500 company that has revolutionized how mass tort lawyers can use Facebook, social media, and digital TV services to find and sign clients. In recent years, his efforts and advertising platform have helped lawyers find potential new clients at an unprecedented clip while driving down the cost of conversion rates at levels unthinkable even a few years ago.
This compendium of knowledge aims to do something equally monumental: create an open-source opportunity for some of the brightest and most ambitious minds in the industry to join the fight in helping everyday victims who need legal assistance the very most.
Join us on a carefully curated journey into the history, practice, and future of mass torts.

Street on Torts provides an insightful and thorough treatment of tort law with a focus on key concepts and clear explanations. Alongside perceptive coverage of the key principles of tort law, succinct case extracts and accompanying analyses allow students to consider the law in context and understand how it is applied in practice.

Digital formats and resources:
The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.

The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

This book is accompanied by online resources, including:
- Answer guidance for each of the problem questions in the book
- An additional chapter on animal torts
- Bi-annual updates to keep students up to date on the latest key developments in tort law
- Self-test questions on key topics, with feedback, giving students the opportunity to test their learning

Thousands of students use our study aids to prepare for law school exams and pass the bar!

Passing the bar is essential for admission to practice law and launching your legal career.

This preparation guide describes the principles of substantive law governing the correct answers to exam questions. It was developed by legal professionals and law instructors who possess extensive credentials and have been admitted to practice law in several jurisdictions. The content is clearly presented and systematically organized for targeted preparation.

The performance on individual questions has been correlated with success or failure on the bar. By analyzing previously administered exams, the authors identified these predictive items and assembled the rules of law that govern the answers to questions tested. Learn the essential governing law to make fine-line distinctions among related principles and decide between tough choices on the exam. This knowledge is vital to excel in law school finals and pass the bar exam.

Ted Born and a young untested associate were called upon to defend a tough - seemingly impossible - lawsuit in one of the most challenging county courts in the United States. The facts looked bad: the client was a tire manufacturer of a tire that blew out, followed by a vehicular crash resulting in a child's death, a brain injury for another child and other serious injuries. The dead and injured were all African American residents of a county where juries were all or mostly African Americans, with a history of rendering verdicts in generally millions of dollars in favor of local residents against big out-of-state corporations, even in minor cases. The case leads through a labyrinth of mystery and intrigue no one could have imagined as the trial date of a BIG one looms.

The book explores the complexities of getting evidence for a meritorious defense against the exploding tire claim in the context of a supposedly hostile venue and going to trial where home turf, race and sympathy compete with the evidence and a jury is called upon to make a decision, compounded with some extraneous intervening events. There are inner and spoken issues that have to be resolved by the lawyers and their clients as the evidence comes together and the trial approaches. But the verdict and the aftermath of the verdict take turns which challenge all parties, especially in the context of the dead and injured children who are concerned.

This tense and high-octane drama explosively confronts the meaning of justice in the context or right-and-wrong, corporate and personal responsibilities, sympathy and objectivity, racial relations, and our judicial system as a means of resolving countervailing positions with their heavy emotional baggage. It dissects the moral character of jurors thrust, through no choice of their own, into a web of competing angels and demons that vie to influence their verdict - with an unexpected twist at the end that rocks all precedents. Although this book is intended to engage readers with suspense and entertainment, the book has a greater underlying mission to reflect upon the weighing of the concept of civil justice in our court system.

Rated one of Bookauthority's Best Torts Law Books of All Time, this book provides the simplest and most efficient method to conquer torts exams. The companion is NOT a substantive law textbook, but provides a unique system that aims to take the anxiety out of the exam process and ensure that no points get left behind. Originally designed and tested by law students over multiple years on actual torts law exams, this study and exam aid is the final piece of the puzzle in the finals preparation process: how to actually master the exam itself. In the end of semester scramble, students need clear and easy ways to approach their exams. This companion is unlike other study guides in that it actually supplies a framework for exam-taking that is easy to use, customizable, and foolproof in ensuring that every issue on the exam is quickly spotted, recorded, and analyzed.

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.

Tort Law: The American and Louisiana Perspectives, Third Revised Edition has as its primary objective a study of tort law in the United States and Louisiana. It differs from most other torts casebooks, however, in that it has a secondary objective of providing an exercise in comparative law. In the United States, we often overlook the fact that the common law system that prevails in our nation is not the only legal system in the world. Much of the world applies a civil law approach in which a civil code has a more prominent role than case law. In a world in which trade and economics, politics, and law cross national borders, it has become increasingly important to be aware of and conversant in other nations' legal systems. Louisiana, the only state in the United States that can be described as a mixed jurisdiction, using both civil law and common law, provides an excellent model for examining and comparing and contrasting civil law and common law approaches to various legal issues.

This book invites the reader to both study tort law and consider the differences and similarities between the common law states and a state that has a civil code and views the role of the courts and the legislature somewhat differently.

Diverse societies are now connected by globalization, but how do ordinary people feel about law as they cope day-to-day with a transformed world? Tort, Custom, and Karma examines how rapid societal changes, economic development, and integration into global markets have affected ordinary people's perceptions of law, with a special focus on the narratives of men and women who have suffered serious injuries in the province of Chiangmai, Thailand.

This work embraces neither the conventional view that increasing global connections spread the spirit of liberal legalism, nor its antithesis that backlash to interconnection leads to ideologies such as religious fundamentalism. Instead, it looks specifically at how a person's changing ideas of community, legal justice, and religious belief in turn transform the role of law particularly as a viable form of redress for injury. This revealing look at fundamental shifts in the interconnections between globalization, state law, and customary practices uncovers a pattern of increasing remoteness from law that deserves immediate attention.

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 another's 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.

This captivating book explores uncharted territory in tort law, shedding light on underexplored viewpoints in the field.

The collection brings issues of social class, race, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people.

Written by experts in the main areas of tort law from negligence to defamation and personal torts, chapters will:

- deepen students' understanding of the central concepts and practices of tort law;

- uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences;

- amplify under-represented voices by signposting to the work and ideas of scholars that are less visible in the field.

Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook paves the way for a more inclusive and comprehensive understanding of tort law.

Chapter 9 available open access digitally under CC-BY licence.