Use of Expected Value Calculation in Tort Law, Criminal Law, Insurance Law & Civil Procedure Law

2014 ◽  
Author(s):  
Baris Yuksel
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Civil Procedure ◽  
Expected Value ◽  
Insurance 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.

Conflicts of jurisdiction in criminal law Lessons from European Civil Procedure

2018 ◽  
Author(s):  
Pietro Ortolani
Keyword(s):  
European Union ◽  
International Law ◽  
Criminal Law ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Cross Border ◽  
Procedural Law ◽  
Hard Law ◽  
Conflicts Of Jurisdiction

One of the main purposes of private international law is the resolution of conflicts of jurisdiction in civil matters. In the European Union (EU), this goal is pursued by an articulate body of regulations, forming part of what is usually labelled as ‘European procedural law’ or ‘European civil procedure’. In criminal law, by contrast, no such system exists: although Eurojust aims at resolving conflicts of jurisdiction by facilitating the identification of the jurisdiction that should prosecute cross-​border crimes, no hard-​law instrument regulates this matter in a binding fashion.

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.

The Statutorification of Common-Law Fields

2019 ◽  
pp. 212-290
Author(s):  
G. Edward White
Keyword(s):  
World War I ◽  
Criminal Law ◽  
Common Law ◽  
Legal Education ◽  
Legal Profession ◽  
Civil Procedure ◽  
World War ◽  
Commercial Law ◽  
The 1960S

This chapter describes the process, over an interval between the years after World War I and the 1960s, in which most of the fields considered “basic” common-law subjects in legal education and the legal profession were dramatically affected by statutory developments that sought to modify common-law rules and doctrines in the fields. By the 1960s the “statutorification” of torts, contracts, commercial law, and criminal law was partially in place, and new rules for federal civil procedure had been promulgated.

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 Truth, knowledge, and the standard of proof in criminal law

Synthese ◽  
2017 ◽  
Vol 197 (12) ◽  
pp. 5253-5286 ◽  
Author(s):  
Clayton Littlejohn
Keyword(s):  
Criminal Law ◽  
Expected Value ◽  
Statistical Evidence ◽  
Epistemic Value ◽  
Decision Under Risk ◽  
Standard Of Proof ◽  
The Law ◽  
Practical Question ◽  
As If

AbstractCould it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). Given some standard assumptions about the values at stake, the case for convicting and punishing using statistical evidence seems solid. In trying to show where this argument goes wrong, I shall argue (against Lockeans, reliabilists, and others) that beliefs supported only by statistical evidence are epistemically defective and (against Enoch, Fisher, and Spectre) that these epistemic considerations should matter to the law. To solve the puzzle about the role of statistical evidence in the law, we need to revise some commonly held assumptions about epistemic value and defend the relevance of epistemology to this practical question.

OMG – German Legal Dogmatics!

2020 ◽  
Author(s):  
Peter A. Windel
Keyword(s):  
Critical Reflection ◽  
Tort Law ◽  
Contract Law ◽  
Civil Procedure ◽  
Bankruptcy Law ◽  
Legal Questions ◽  
Legal Thinking ◽  
The Individual ◽  
Scholarly Collaboration

OMG – German Legal Dogmatics! Whoever listens closely to presentations by German legal scholars at international conferences will inevitably hear someone uttering this quiet but distinct sigh. Is it really that dire for us and our peculiar legal thinking? No: This collection of speeches given abroad proves how much we can still contribute to scholarly collaboration and systematic analyses of fundamental legal questions. The individual topics covered in this book range from a critical reflection of the school of legal dogmatics to general provisions of the pandect system, contract law, tort law, civil procedure, and bankruptcy law.

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