'Love Does Not Dominate; It Cultivates' - Modes of Contending with Abuse Against Spouses in Tort Law, Criminal Law and Family Law: A Proposal for a New-Old Model (Hebrew)

2009 ◽  
Author(s):  
Yuval Sinai ◽  
Benjamin Shmueli
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Tort Law

scholarly journals Treating Wrongs as Wrongs: An Expressive Argument for Tort Law

2018 ◽  
Vol 10 (2) ◽  
pp. 405-447 ◽  
Author(s):  
Scott Hershovitz
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Tort Reform ◽  
Corrective Justice ◽  
Social Standing ◽  
Tort Liability ◽  
Criminal Punishment ◽  
Expressive Function ◽  
The Social ◽  
The Way

AbstractThe idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment that the defendant wronged the plaintiff. And I explain why it is important to have an institution that expresses that judgment. I argue that we need ways of treating wrongs as wrongs, so that we can vindicate the social standing of victims. Along the way, I consider the continuity between tort and revenge, and I suggest a new way of thinking about corrective justice and the role that tort plays in dispensing it. I conclude by sketching an agenda for tort reform that would improve tort’s ability to serve its expressive function.

Personalized Legal Areas

2021 ◽  
pp. 61-84
Author(s):  
Omri Ben-Shahar ◽  
Ariel Porat
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
Tort Law ◽  
Contract Law ◽  
Standards Of Care ◽  
Criminal Sanctions ◽  
The Common ◽  
The Law

This chapter illustrates personalized law “in action” by examining it in three areas of the law: standards of care under the common law tort doctrine of negligence, mandated consumer protections in contract law, and criminal sanctions. In each area, the chapter examines personalization of commands along several dimensions. In tort law, standards of care could vary according to each injurer’s riskiness and skill, to reduce the costs of accidents. In contract law, mandatory protections could vary according to the value they provide each consumer and differential cost they impose on firms, to allocate protections where, and only where, they are justified. And in criminal law, sanctions would be set based on what it takes to deter criminals, accounting for how perpetrators differ in their motives and likelihood of being apprehended, with the potential to reduce unnecessary harsh penalties.

Connecting Tort and Crime: Comparative Legal History in England and Spain since 1850

2009 ◽  
Vol 11 ◽  
pp. 247-288
Author(s):  
Matthew Dyson
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Complete System ◽  
Civil Law ◽  
Tort Law ◽  
The Other ◽  
Criminal Courts ◽  
English System ◽  
History Of ◽  
The Relationship

Abstract This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.

scholarly journals OSIĄGNIĘCIA POLSKICH ROMANISTÓW W CIĄGU OSTATNICH DWÓCH LAT (2006/2007 – 2007/2008)

2017 ◽  
Vol 8 (2) ◽  
pp. 7
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Legal Culture ◽  
Administrative Law ◽  
Public Law ◽  
Roman Law ◽  
History Of ◽  
Legal Structures ◽  
History Of Law ◽  
The One

Polish Romanistic Research in the Last Two Years (2006/2007 – 2007/2008)SummaryThe article presents publications of Polish romanists published in the last two academic years. They include editions of the sources, their translations accompanied by commentaries, as well studies on Roman private law covering the law of persons, family law, law of property, succession, obligations and procedure. An important part of the recent studies is devoted to public law: above all criminal law and broadly understood administrative law. Several authors addressed the problem of the influence of Roman law on the legal culture of Europe. Research was done as well on the history of law faculties and the romanists who lectured there. All these studies indicate a slight change in the scientific interest of the Polish romanists. We welcome the fact that more interest was paid to various problems of public law, in this way the romanistic research may be able to show the roots of the later and modern jurisprudence. One could postulate further studies not on the classical period of Roman law but also on its later developments. Scholars should never limit themselves to study of subjects reflecting contemporary legal science, as we never know if the one day the ‘dated’ institutions should not revive in a slightly changed form: such is the case of the modern construction of transfer of ownership as a security for debt functionally reflecting the Roman fiducia cum creditore contracta. In this manner the analysis of the ancient legal structures may provide for better understanding of the presently binding norms.

Pengaruh Adat dalam Hukum Keluarga terhadap Pembaruan Hukum Nasional

2019 ◽  
Vol 2 (1) ◽  
pp. 73-87
Author(s):  
Melani Diah Sekar Puri ◽  
Ridwan Arifin
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Family Law ◽  
Customary Law ◽  
European Law ◽  
Unitary State ◽  
National Legal System ◽  
Customary Laws

Indonesia as Unitary State consists of various kinds of tribes, customs, and even religions. The legal system adopted in Indonesia is not only civil or criminal law, but also mulually related religious and customary laws. Until recent years, Indonesia still uses European law as the national law and still try to make the customary law to be a national law. In fact, the implementation of European law is considered incompatible with the soul of the Indonesian people, especially in the the case family law. This paper seeks to uncover customary influences and effects in the development of family law in the national legal system.

Introduction

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Criminal Law ◽  
Family Law ◽  
The United States ◽  
The Bible ◽  
The Family ◽  
Important Trend ◽  
The Law

This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of the law—mostly about marriage, divorce, child custody, family property, adoption, and some related matters. However, this chapter also briefly considers other parts of the law that touch on the family in an important way, such as inheritance or the intersection between criminal law and family affairs. The chapter then considers the changes to family law in this expanded sense. In part, the changes were continuations of trends that started in the nineteenth century; but in part they were completely new. Perhaps the single most important trend was the decline of the traditional family, the family as it was understood in the nineteenth century, the family of the Bible and conventional morality.

Tort Law, Expression, and Duplicative Wrongs

2020 ◽  
pp. 441-462
Author(s):  
Findlay Stark
Keyword(s):  
Recent Work ◽  
Criminal Law ◽  
Tort Law ◽  
Criminal Sanctions

This chapter examines puzzles that arise when both tort law and criminal law admonish the selfsame wrongs. It considers these “duplicative wrongs.” Engaging with the recent work of Scott Hershovitz, who draws insight from expressive theories of criminal law to defend an expressive theory of tort law, the chapter argues that Hershovitz cannot borrow from criminal law’s expressivism as straightforwardly as he suggests. According to expressive theories of criminal law, criminal sanctions send a message of condemnation. This chapter posits that, to the extent that tort law sends the message of wrongdoing rather than of condemnation, tort law may well need to designate new torts to properly calibrate its messaging. It cannot simply adopt criminal law’s denominations because that would risk undermining the condemnatory messages that criminal law sends. Any new expressive torts, this chapter concludes, must therefore be cast in tort law’s own terms.

33. Protection under the Family Law Act 1996: Non-Molestation Orders

2019 ◽  
pp. 383-392
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Domestic Abuse ◽  
Legal Aid ◽  
Forced Marriage ◽  
The Family ◽  
The Law

This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; and the availability of remedies under the Family Law Act 1996. It also explains when funding may be available under legal aid for orders under the Family Law Act 1996. The concept of ‘associated persons’ is explained and the list of these is provided. Non-molestation orders under the Family Law Act 1996 are explained, as well as the test for a nonmolestation order, evidence, applications by children, and duration of an order. The remedies for clients escaping a forced marriage and criminal law remedies are discussed.

4. Domestic abuse

2020 ◽  
pp. 55-78
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Essential Information ◽  
The Family

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on domestic abuse and its causes, along with a number of relevant civil law and criminal law remedies. It explains non-molestation orders under the Family Law Act 1996 before turning to a discussion of breach of an order as a contempt of court. It also considers occupation orders, which regulate the occupation of property, along with various categories of applicant who can seek them. Finally, the chapter examines protection available to parties who are not associated persons under the Protection from Harassment Act 1997.

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