Ernest Weinrib | |
---|---|
Born | Ernest J. Weinrib |
Awards | Killam Prize (2009) |
Academic background | |
Alma mater | University of Toronto (BA, JD) Harvard University PhD |
Academic work | |
Institutions | University of Toronto |
Notable works | The Idea of Private Law Corrective Justice |
Website | utoronto.ca |
Ernest J. Weinrib is a Canadian legal academic who works on jurisprudence and legal philosophy,particularly the theory of private law. He teaches at the University of Toronto Faculty of Law.
In Weinrib's theories he sees the world of private law (that is tort,contract and restitution) as being composed of "bilateral relationships between individuals whereby one person's right is always a function of another person's duty". [1]
Because of this he argues that private law cannot explain factors like punitive damages and other remedies used for behavior modification. Private law he argues is an ends to itself and not a means to some other particularly political,economic or social change. The only purpose,he says,for "private law,is to be private law". [1]
Weinrib sees that private law "regards the parties to a lawsuit as active and passive poles of the same injustice. The injustice [occurs] in a disruption of the parties’equality,whereby each party has what is rightfully his or hers." [2]
At common law,damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award,the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law,the loss must involve damage to property,or mental or physical injury;pure economic loss is rarely recognised for the award of damages.
Conflict of laws is the set of rules or laws a jurisdiction applies to a case,transaction,or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics:jurisdiction,rules regarding when it is appropriate for a court to hear such a case;foreign judgments,dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction;and choice of law,which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context,but they are especially prevalent in contract law and tort law.
A tort is a civil wrong that causes a claimant to suffer loss or harm,resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law,which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes,tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts,such as assault and battery,can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law,which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
In criminology,corporate crime refers to crimes committed either by a corporation,or by individuals acting on behalf of a corporation or other business entity. For the worst corporate crimes,corporations may face judicial dissolution,sometimes called the "corporate death penalty",which is a legal procedure in which a corporation is forced to dissolve or cease to exist.
The University of Toronto Faculty of Law is the law school of the University of Toronto. Maclean's has consistently assessed the Faculty as the highest ranked common law school in Canada and the highest ranked in terms of faculty journal citations. The Faculty offers the JD,LLM,SJD,MSL,and GPLLM degrees in law.
Ian David Francis Callinan AC KC is a former Justice of the High Court of Australia,the highest court in the Australian court hierarchy.
The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy,such as political philosophy and ethics,as well as to criminal justice in practice.
A court of equity,also known as an equity court or chancery court,is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages,such as specific performance and extraordinary writs. Over time,most equity courts merged with courts of law,and the adoption of various Acts granted courts combined jurisdiction to administer common law and equity concurrently. Courts of equity are now recognized for complementing the common law by addressing its shortcomings and promoting justice.
In law,comity is "a principle or practice among political entities such as countries,states,or courts of different jurisdictions,whereby legislative,executive,and judicial acts are mutually recognized." It is an informal and non-mandatory courtesy to which a court of one jurisdiction affords to the court of another jurisdiction when determining questions where the law or interests of another country are involved. Comity is founded on the concept of sovereign equality among states and is expected to be reciprocal.
Glanville Llewelyn Williams was a Welsh legal scholar who was the Rouse Ball Professor of English Law at the University of Cambridge from 1968 to 1978 and the Quain Professor of Jurisprudence at University College,London,from 1945 to 1955. He has been described as Britain's foremost scholar of criminal law.
Benjamin Charles Zipursky is a Canadian legal scholar and professor at Fordham Law in New York City. He has been interviewed by PBS Newshour,BBC,and The New York Times on the Vioxx wrongful death cases and other torts cases. As an author of the casebook Tort Law:Responsibilities and Redress,he is nationally recognized as a scholar on torts.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs;that tort law permits frivolous or otherwise undesirable litigation to crowd the court system;or that the fear of litigation can serve to curtail innovation,raise the cost of consumer goods or insurance premiums for suppliers of services,and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions,where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
Recovery for pure economic loss in English law,arising from negligence,has traditionally been limited. Notably,recovery for losses that are "purely economic" arise under the Fatal Accidents Act 1976;and for negligent misstatements,as stated in Hedley Byrne v. Heller. Economic loss generally refers to financial detriment that can be seen on a balance sheet but not physically. Economic loss is then divided into "consequential economic loss" - that which arises directly from some physical damage or injury and "pure economic loss",which is everything else.
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator,resulting in statutes;by the executive through decrees and regulations;or established by judges through precedent,usually in common law jurisdictions. Private individuals may create legally binding contracts,including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution,written or tacit,and the rights encoded therein. The law shapes politics,economics,history and society in various ways and also serves as a mediator of relations between people.
Tampering with evidence,or evidence tampering,is an act in which a person alters,conceals,falsifies,or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement,governmental,or regulatory authority. It is a criminal offense in many jurisdictions.
The law of the United States comprises many levels of codified and uncodified forms of law,of which the most important is the nation's Constitution,which prescribes the foundation of the federal government of the United States,as well as various civil liberties. The Constitution sets out the boundaries of federal law,which consists of Acts of Congress,treaties ratified by the Senate,regulations promulgated by the executive branch,and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.
Sir Percy Henry Winfield was Rouse Ball Professor of English Law between 1928 and 1943. He was born at Stoke Ferry in Norfolk. He died at his home at 13 Cranmer Road in Cambridge. He was married to Lady Helena Winfield,née Scruby. He was a fellow of St John's College,Cambridge.
A legal norm is a binding rule or principle,or norm,that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by,which is further guaranteed by state coercion. There are two categories of legal norms:normativity,which regulates the conduct of people,and generality,which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them,such as soldiers and public officials.
Ariel Porat is the president of Tel Aviv University (TAU),a full professor and former dean at TAU's Buchmann Faculty of Law. Until his appointment as president,he was a distinguished visiting professor of law at the University of Chicago Law School. He is a member of the Israel Academy of Sciences and Humanities,incumbent of the Alain Poher Chair in Private Law at TAU,and recipient of The EMET Prize for Art,Science and Culture for Legal Research.
Jason W. Neyers is a Canadian legal scholar and professor at the University of Western Ontario.