The Duty to Act: Tort Law, Power, and Public Policy by Marshall S. Shapo (Englis

Description: FREE SHIPPING UK WIDE The Duty to Act by Marshall S. Shapo Shapo cuts through the emotion and the complexity to present a view of litigated tort law problems that is both legally sound and intuitively appealing. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description A woman terrified by the threats of a jilted suitor is denied police protection. A workman collapses on the job and the employer is slow to help him. A bully in a bar begins to carry out threats of serious injury to a customer, after the bartenders lackadaisical response. Springing from varied areas of human activity, such cases occupy an important area of the legal battleground called modern tort law. They also provide the basis for a fascinating legal analysis by Marshall S. Shapo.Tort law is an important social mediator of events surrounding personal injuries. It impinges on many other areas of the law-those dealing with crime, constitutional protections against government officials and agencies, and property rights. Since litigated tort cases often involve brutal treatment or accidents inflicting severe physical harm, this area of the law generates much emotion and complex legal doctrine.Shapo cuts through the emotion and the complexity to present a view of these problems that is both legally sound and intuitively appealing. His emphasis is on power relationships between private citizens and other individuals, as well as between private persons and governments and officials. He undertakes to define power in a meaningful way as it relates to many tort issues faced by ordinary citizens, and to make this definition precise by constant reference to concrete cases. His particular focus is on an age-old problem in tort law: the question of when a person has a duty to aid another in peril.In analyzing a large number of cases in this category, Shapo develops an analysis that blends considerations of economic efficiency and humanitarian concern. Recognizing that economic considerations are significant in judicial analysis of these cases, he emphasizes elements that go beyond a simple concern with efficiency, especially the ability of one person to control anothers actions or exposure to risk.These considerations of power and corresponding dependence provide the basis for Shapos study of the duties of both private citizens and governments to prevent injury to others. Calling on a broad range of legal precedents, he also refers to social science research dealing with the behavior of bystanders when fellow citizens are under attack.Beyond his application of a power-based analysis to litigation traditionally based in tort doctrine, Shapo offers some speculative suggestions on the possible applicability of his views to several controversial areas of welfare law: medical care, municipal services, and educational standards.This book was written with a view to readership by interested citizens as well as legal scholars, judges, and practicing attorneys. Author Biography Marshall S. Shapo is the Frederic P. Vose Professor of Law at Northwestern University School of Law. Table of Contents Acknowledgments Introduction Part One Private Duties to Act: Legal Affirmation of the Obligations of Personal Power Introduction I. Primarily Economic Relationships That Give Rise to Duties Businesses, Professions, and Activities Methods of Creating Relationships II. Relationships More Closely Personal III. Protection against Third Parties A Spectrum of Customers and Employees The Case of Violence in the Tavern Private Duties and Public Control The Professional Bystander IV. Plaintiffs Own Conduct a Hazard V. A Thesis on the "Unrelated" Bystander: The Law as a Manifestation That "It Tolls for Thee" Summary Part Two Public Duties to Act: Vindicating Personal Interests against Invasion and Neglect by Commonwealth Power Introduction VI. Highway Safety as a Paradigm of Liability for Planning and Maneuvering Traffic Control: Duties to the Public and the Dependence of Individuals Highway Design: Choice, Knowledge, and Fairness VII. Security Firefighting Inspection Rescue Police Functions VIII. Welfare Medical Care Municipal Services Educational Standards Linking Public and Private Obligation: Police Duty and Individual Welfare Summary Notes Index Long Description A woman terrified by the threats of a jilted suitor is denied police protection. A workman collapses on the job and the employer is slow to help him. A bully in a bar begins to carry out threats of serious injury to a customer, after the bartenders lackadaisical response. Springing from varied areas of human activity, such cases occupy an important area of the legal battleground called modern tort law. They also provide the basis for a fascinating legal analysis by Marshall S. Shapo. Tort law is an important social mediator of events surrounding personal injuries. It impinges on many other areas of the law--those dealing with crime, constitutional protections against government officials and agencies, and property rights. Since litigated tort cases often involve brutal treatment or accidents inflicting severe physical harm, this area of the law generates much emotion and complex legal doctrine. Shapo cuts through the emotion and the complexity to present a view of these problems that is both legally sound and intuitively appealing. His emphasis is on power relationships between private citizens and other individuals, as well as between private persons and governments and officials. He undertakes to define power in a meaningful way as it relates to many tort issues faced by ordinary citizens, and to make this definition precise by constant reference to concrete cases. His particular focus is on an age-old problem in tort law: the question of when a person has a duty to aid another in peril. In analyzing a large number of cases in this category, Shapo develops an analysis that blends considerations of economic efficiency and humanitarian concern. Recognizing that economic considerations are significant in judicial analysis of these cases, he emphasizes elements that go beyond a simple concern with efficiency, especially the ability of one person to control anothers actions or exposure to risk. These considerations of power and corresponding dependence provide the basis for Shapos study of the duties of both private citizens and governments to prevent injury to others. Calling on a broad range of legal precedents, he also refers to social science research dealing with the behavior of bystanders when fellow citizens are under attack. Beyond his application of a power-based analysis to litigation traditionally based in tort doctrine, Shapo offers some speculative suggestions on the possible applicability of his views to several controversial areas of welfare law: medical care, municipal services, and educational standards. This book was written with a view to readership by interested citizens as well as legal scholars, judges, and practicing attorneys. Details ISBN0292741685 Author Marshall S. Shapo Short Title DUTY TO ACT Publisher University of Texas Press Language English ISBN-10 0292741685 ISBN-13 9780292741683 Media Book Format Paperback Imprint University of Texas Press Subtitle Tort Law, Power, and Public Policy Place of Publication Austin, TX Country of Publication United States Illustrations black & white illustrations Residence IL, US Birth 1936 Affiliation Northwestern University School of Law Year 1978 Publication Date 1978-09-01 AU Release Date 1978-09-01 NZ Release Date 1978-09-01 US Release Date 1978-09-01 UK Release Date 1978-09-01 Pages 226 DEWEY 346.7303 Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! 30 DAY RETURN POLICY No questions asked, 30 day returns! FREE DELIVERY No matter where you are in the UK, delivery is free. 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