Academic literature on the topic 'Loss; Unjust'
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Journal articles on the topic "Loss; Unjust"
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Davis, Christopher G., Michael J. A. Wohl, and Norine Verberg. "Profiles of Posttraumatic Growth Following an Unjust Loss." Death Studies 31, no. 8 (August 20, 2007): 693–712. http://dx.doi.org/10.1080/07481180701490578.
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Eguchi, Kyota. "Productivity loss and reinstatement as a legal remedy for unjust dismissal." Journal of the Japanese and International Economies 21, no. 1 (March 2007): 78–105. http://dx.doi.org/10.1016/j.jjie.2005.07.002.
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Bergstrand, Kelly. "The Mobilizing Power of Grievances: Applying Loss Aversion and Omission Bias to Social Movements." Mobilization: An International Quarterly 19, no. 2 (June 1, 2014): 123–42. http://dx.doi.org/10.17813/maiq.19.2.247753433p8k6643.
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This study investigates how the nature of grievances can provide advantages or disadvantages to social movements. I use an experimental design to test the effects of loss aversion and omission bias on people's reactions toward grievances and the campaigns that seek to address them. The results indicate that grievances involving a loss are perceived as more immoral, unjust, and important than grievances involving a gain. Loss-based grievances also generate stronger emotions, increase willingness to engage in activism, and produce perceptions of greater public support. Similarly, grievances resulting from a commission (action), as compared to an omission (inaction), are seen as more immoral, unjust, and important. Commission-based grievances direct attribution of blame toward perpetrators, evoke higher levels of emotions, and increase willingness to participate in campaigns. These findings provide support for the idea that not all grievances are created equal in their ability to appeal to and potentially mobilize the public.
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McInnes, Mitchell. "“At the Plantiff's Expense”: Quantifying Restitutionary Relief." Cambridge Law Journal 57, no. 3 (November 1998): 472–80. http://dx.doi.org/10.1017/s000819739800302x.
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THE issue addressed in this article pertains to the proper measure of relief to which Pam is entitled in an action in unjust enrichment. There is no doubting her ability to establish the constituent elements of that action. Dave was enriched by the receipt of an incontrovertible benefit because he realised a financial gain from the services rendered. That enrichment was derived at Pam's expense (at least in part) because she paid for the repairs. And Dave's enrichment was unjust because Pam's intention in rendering the benefit was vitiated by her mistaken belief that the car was hers. However, it is unclear whether she should be awarded £1000 (reflecting Dave's gain) or £250 (reflecting her loss). The specific question that arises is whether the second element of the principle of unjust enrichment (“at the plaintiff's expense”) merely determines Pam's standing to sue or whether it also limits her measure of relief. It is suggested, contrary to a growing body of opinion, that the latter alternative is preferable.
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Sinel, Zoë. "Concerns about Corrective Justice." Canadian Journal of Law & Jurisprudence 26, no. 1 (January 2013): 137–55. http://dx.doi.org/10.1017/s0841820900005981.
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According to the principle of corrective justice, one who causes a wrongful loss or receives a wrongful gain is obligated to make good that loss or restore that gain. The guiding principle of the remedies of private law (the law of torts, contract, and unjust enrichment) is to put the aggrieved party in the position s/he would have been in had the complained of conduct not occurred. The connection between corrective justice and private law’s remedies thus appears analytic. My article challenges this orthodoxy. I argue that, on the one hand, if corrective justice is treated narrowly, as an exclusively remedial principle, it severs the connection between right and remedy that lies at the heart of the corrective justice theories of private law. On the other, if it is interpreted broadly to encompass as well the parties’ original (pre-wrong or pre-unjust enrichment) relationship, it becomes otiose.
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Koontz, Theodore J. "Noncombatant Immunity in Michael Water's Just and Unjust Wars." Ethics & International Affairs 11 (March 1997): 55–82. http://dx.doi.org/10.1111/j.1747-7093.1997.tb00017.x.
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Issues of immunity from attack and the assignment of responsibility for civilian deaths are central to the modern war convention. Koontz addresses several difficulties with Walzer's treatment of noncombatant immunity in Just and Unjust Wars. Walzer's theory of noncombatant immunity states that immunity from attack is a fundamental human right that can only be lost once a person becomes a direct threat or consents to give up his or her right to immunity. Koontz cites inconsistencies in Walzer's method of determining the immunity of soldiers and civilians. He argues from a deontological perspective that there can be no grounds for consent to the loss of immunity other than a direct threat posed by a civilian. This strengthens the protection of noncombatants, a principle that had been weakened by Walzer.
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Jackman, I. M. "Restitution for Wrongs." Cambridge Law Journal 48, no. 2 (July 1989): 302–21. http://dx.doi.org/10.1017/s000819730010532x.
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In what circumstances can a person be liable to a pecuniary remedy for conduct which has not caused the plaintiff any harm? This question lies at the heart of the present topic, in which the plaintiff seeks to disgorge a benefit acquired by the defendant through the latter's wrongful act, even though the wrong has not actually caused him loss or injury. Consider, for example, a trespasser who has benefited by using a track across the plaintiff's land without reducing the value of the land; the plaintiff, who might never have been willing to consent to such use of his land, now seeks payment as if his permission for that user had been sought at a price. In terms of “unjust enrichment,“ the plaintiff's claim is that the defendant's enrichment is “ “unjust” by virtue of the wrong committed, without showing that the enrichment is at his expense.
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Haley, Michael. "SECTION 30(1)(g) OF THE LANDLORD AND TENANT ACT 1954: THE UNJUST RELEGATION OF RENEWAL RIGHTS." Cambridge Law Journal 71, no. 1 (March 2012): 118–46. http://dx.doi.org/10.1017/s0008197312000220.
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AbstractPart II of the Landlord and Tenant Act 1954 regulates the renewal of business tenancies. Within highly technical confines, it promotes the continuation of the tenant's business and addresses the risk of tenant exploitation. Nevertheless, it is argued that section 30(1)(g) unnecessarily prioritises the occupation needs of the landlord over the tenant's renewal rights and without imposing effective procedural safeguards. Although compensation for loss of renewal rights may be available, the award disregards any loss of established goodwill. This inadequacy of compensation undermines the anti-profiteering ethos of the Act and contravenes Article 1 of the European Convention on Human Rights.
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Stace, Victoria. "The Law of Contribution – An Equitable Doctrine or Part of the Law of Unjust Enrichment?" Victoria University of Wellington Law Review 48, no. 3 (November 1, 2017): 471. http://dx.doi.org/10.26686/vuwlr.v48i3.4732.
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This article looks at the changes made to the equitable doctrine of contribution by the New Zealand Supreme Court in a 2016 decision, Hotchin v New Zealand Guardian Trust Co Ltd. The approach now favoured by the Supreme Court is that to establish a claim for contribution by one defendant against another, there is no need to find any greater degree of coordination between the liabilities other than that the plaintiff could pursue either defendant for its loss and either would be liable for it, in whole or in part. The underlying rationale is that by paying the plaintiff, the defendant who was pursued not only discharges itself but also discharges the other defendant's liability. If mutual discharge is established, the court then determines the amount of contribution based on what is just and reasonable in the circumstances. The Supreme Court's approach to the doctrine of equitable contribution, which is a significant change to previous law, bears similarities to the approach proposed in the leading text on unjust enrichment, raising the issue of whether a future claim for contribution could be approached using an unjust enrichment analysis.
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Gassama, Saikou Kawsu, Mansoureh Ebrahimi, and Kamaruzaman Yusoff. "Justum Ad Bellum & Israel’s 2006 Attack on Lebanon: An Examination of Just War Principles." Asian Social Science 14, no. 8 (July 27, 2018): 68. http://dx.doi.org/10.5539/ass.v14n8p68.
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Due to the continuum of Hezbollah rocket attacks from southern Lebanon, Israel attacked Lebanon in July 2006, devastating infrastructure and causing substantial loss of Lebanese lives. This paper provides a detailed documented analysis that examines the applicability of Just-War concepts and criteria for the attack with a view to determine whether or not it was morally justified according to accepted international standards. After reviewing contemporary expositors, our analysis of Just-War criteria according to traditions stemming from St. Augustine and St Thomas Aquinas indicate that although a few criteria fit Just-War Theory, Israel had overwhelmingly failed to satisfy requisite conditions for both jus ad bellum and jus in bello, thereby rendering their Lebanon incursion unjustifiable, and therefore an unjust war.
Dissertations / Theses on the topic "Loss; Unjust"
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Gomes, JuÌlio Manuel Vieira. "Restitution, enrichment and change of position : a comparative analysis." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287283.
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Diango, Maïmouna. "La subrogation de l'assureur maritime." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1011.
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La subrogation est un mode privilégié de transmission des créances en assurance maritime. Elle met en présence les principaux acteurs du commerce maritime : l'assuré, l'assureur et le tiers responsable. La subrogation de l'assureur maritime a toujours bénéficié d'une faveur particulière se traduisant par la souplesse des textes juridiques aussi bien pour la subrogation légale qui s'exerce de plein droit par le seul fait de la loi, que pour la subrogation conventionnelle qui procède de la volonté des parties. Cependant, face aux exigences procédurales des juridictions, le contentieux de la subrogation tend davantage vers un durcissement. Dès lors, la question se pose de savoir s'il existe d'autres alternatives pour l'assureur maritime ? Le recours à l'arbitrage constitue une bonne solution au regard de la souplesse des sentences rendues en la matière. Aussi, la jurisprudence judiciaire fait état d'une grande évolution qui porterait les assureurs vers des moyens de droit commun, entre autres, la cession de créance, la répétition de l'indû et l'action "de in rem verso" pour pallier l'incertitude du contentieux de la subrogation. Sur le plan du droit international privé, il n'y a pas de règle spécifique à la subrogation de l'assureur maritime. Mais, les Règlements Rome I et Rome II édictent des mécanismes de conflits de lois applicables aux relations contractuelles et extra contractuelles. Ils désignent la loi qui régit la subrogationSubrogation is a privileged mode of transmission of claims in marine insurance. It brings together key players in the maritime trade: the insured, the insurer and the third party responsible. Subrogation of the underwriter has always enjoyed a special favor resulting flexibility of legal texts both for subrogation exerted automatically by the fact of the law, for contractual subrogation which proceeds the will of the parties. However, faced with the procedural requirements of the courts, litigation of subrogation tends more toward a cure. Therefore, the question arises of whether if there are other alternatives to the underwriter? The arbitration is a good solution in terms of the flexibility of awards made in the matter. Also, judicial jurisprudence reported a great change that would insurers to ordinary means, among other things, the assignment, the repetition of the undue and action "de in rem verso" to overcome the uncertainty of litigation of subrogation. In terms of private international law, there is no specific rule of subrogation of the marine insurer. However, the Regulations Rome I and Rome II enact conflict mechanisms applicable to contractual and extra-contractual. They designate the law that governs subrogation
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Beranová, Andrea. "Adhezní řízení." Doctoral thesis, 2016. http://www.nusl.cz/ntk/nusl-351514.
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The doctoral thesis focuses on the part of criminal proceedings in which the court adjudicates the injured person's private claims which arose in connection with a criminal act (so-called collateral proceedings). The importance of collateral proceedings lies in the fact that by using it the injured party may avoid time-consuming, financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates the private claims of the injured party in compliance with substantive law rules being outside of the scope of criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The basic source of the submitted thesis is the Czech legal order. However, it is not the only one taken into consideration. The doctoral thesis also contains comparative analysis of legal regulation of collateral proceedings from the point of view of the German and Swiss legal orders. Following the analysis of collateral proceedings de lege lata, as well as the comparison with foreign models I am submitting proposals for the improvement of legislation that could be used in connection with the planned recodification of the Czech Criminal Procedure.
Books on the topic "Loss; Unjust"
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author, Chaudhry Shivani, Akhtaree Rizwana author, Centre for the Sustainable Use of Natural and Social Resources (Bhubaneswar, India), and Habitat International Coalition. Housing and Land Rights Network, eds. Unjust compensation: An assessment of damage and loss of private property during the anti-Christian violence in Kandhamal, India. Bhubaneswar: Centre for the Sustainable Use of Natural and Social Resources, 2013.
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The Resurrection Stories. Wilmington, DE: Michael Glazier, 1989.
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Haque, Adil Ahmad. Human Shields. Edited by Seth Lazar and Helen Frowe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199943418.013.23.
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This chapter defends three claims. First, it is morally impermissible for combatants fighting for a just cause to use civilians supporting an unjust war effort as involuntary human shields. Second, civilians who are forced to serve as involuntary shields by combatants fighting for an unjust cause retain their basic rights; they are not morally liable to intentional harm, and the proportionality of collaterally harming them is not affected by the wrongful conduct of the unjust combatants. Finally, civilians who voluntarily serve as human shields for unjust combatants compromise but do not lose their basic rights. Such voluntary shields are not morally liable to collateral harm, though less is required to justify collateral harm to them than to justify collateral harm to involuntary shields or to civilians who are merely in the wrong place at the wrong time.
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Lepoutre, Maxime. Democratic Speech in Divided Times. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198869757.001.0001.
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Democratic Speech in Divided Times offers a comprehensive account of the norms that should govern public discourse in circumstances marked by deep and often unjust social divisions. Part I investigates what forms of democratic speech are desirable in these settings. This part shows, firstly, that some forms of public discourse that are symptomatic of division can nevertheless play a crucial democratic function. In particular, it argues that emotionally charged speech—and most notably, speech voicing deep anger—plays a fundamental role in overcoming entrenched epistemic divisions and in facilitating the exchange of shared reasons. This part also examines how, in contrast, other characteristic features of the public discourse of divided societies endanger democratic life. Here, the argument considers the proliferation of hate speech and misinformation, and examines what forms of democratic speech should be used to combat them. Part II considers how realistic the foregoing account of public discourse is. Specifically, it assesses the complications that arise from intergroup antipathy, pervasive political ignorance, and the fragmentation of the public sphere. The normative picture of public discourse that this book defends can largely withstand these problems. And, while these social conditions do qualify the value of democratic speech in some respects, they are at least as problematic for political ideals that give up on inclusive democratic speech altogether. Accordingly, while realising the ideal of democratic speech that this book outlines is challenging, we should not lose patience with this task.
Book chapters on the topic "Loss; Unjust"
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Irwin, Katherine, and Karen Umemoto. "Compassionate and Constructive Policy and Practice." In Jacked Up and Unjust. University of California Press, 2016. http://dx.doi.org/10.1525/california/9780520283022.003.0010.
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In chapter nine we conclude the book with an exploration of compassionate policy reforms and emancipatory practices within the rising tide of juvenile justice reform nationally and in Hawai‘i. We begin with a story of a family loss to highlight the failures of the existing justice system to bring resolution and restore peace in the face of violence. We press for better alternatives and describe a practice of healing and restoration traditional to Native Hawaiians called Ho‘oponopono in work among youth and families.
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Edelman, James. "The Meaning of Loss and Enrichment." In Philosophical Foundations of the Law of Unjust Enrichment, 211–41. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780199567751.003.0008.
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"Chapter 13. Awarding Damages for Distress and Loss of Reputation in England and Canada." In Re-examining Contract and Unjust Enrichment, 255–78. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004155633.i-342.69.
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Verma, Vidhu. "Gender and Anti-Discrimination Laws in India." In The Empire of Disgust, 104–26. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199487837.003.0006.
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The Constitution of India guarantees not only formal equality but also promises that entrenched power structures will gradually dissolve. However, forms of discrimination faced by women are not just a feature of our social fabric but are supported by the ambiguities of the legal-juridical framework that reinforce unjust gender norms. The persistence of gender discrimination as it exists in the wider societal sphere is expressed by the unevenness that marks women’s access to the legal system. The chapter reviews the contestations, the changing categories, and terms of feminist analysis in law. It turns to address the problem of equal rights in understanding the protection against vulnerability, and various forms the loss of liberty takes in different contexts of marginality about gender discrimination. In what follows, I begin by presenting some methodological concerns. Then I discuss the Indian jurisprudence on sexual harassment and assault. I then focus briefly on the right to temple entry and ‘honour’ crimes in recent years and the legal responses to them. In the last section, I address three strong challenges to my account of gender discrimination. My main argument is that the doctrinal history of harassment and rape in the Indian context points to the power and limitations of legal rights as a strategy for social change. Establishing a basis for legal liability can reshape consciousness about working environments, but this has not deterred those who harass, from using less formal means of attacking women rights. For legal feminists, the law remains a site of discursive struggle where dominant meanings come to inform not only juridical categories but also the social world that define our concepts and practices. The dilemma of preserving difference in law and yet not having disadvantageous effects to unequal parties remain.
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"Introduction." In John Rawls, edited by Jon Mandle and Sarah Roberts-Cady, 345–53. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190859213.003.0029.
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In the aftermath of the Holocaust, traditional notions of absolute state sovereignty seemed no longer defensible. States could no longer claim that the worst atrocities must be tolerated as long as they remained confined within their own borders. Sometimes, at least, an injustice can be so severe that states lose their claim to legitimacy and sovereign immunity, and they become subject to coercive intervention of one kind or another. But whether all injustices properly subject a country to potential intervention is far less clear. Are there principled grounds, for example, to tolerate certain nonliberal societies? Rawls holds that there are. Such societies are unjust according to the principles that Rawls himself endorses. Yet he holds that in some cases, there are principled—not only pragmatic—grounds for toleration. One of his main goals, first in “The Law of Peoples” (the 1993 article)...
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Chernaik, Warren. "Choosing a captain back for Egypt: Milton and the Restoration." In From Republic to Restoration. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9780719089688.003.0013.
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Milton as a republican viewed the restoration of kingship in 1660 with dread. Paradise Regained and Samson Agonistes, like the last two books of Paradise Lost, have a specific Restoration historical context, at a time of persecution of former commonwealthsmen and religious Dissenters. In Samson Agonistes, Milton’s protagonist struggles against despair, the feeling that he has been abandoned by God, while recognizing his own responsibility for the humiliating slavery into which he has been plunged. Samson Agonistes and Paradise Regained, published in a single volume in 1671, in their different ways both concern themselves with the problems and temptations facing those who seek to serve God in a hostile, unjust society. The two works explore alternative paths for ‘the spirits of just men long opprest’: in the one case, patience, suffering, bearing ‘tribulations, injuries, insults’ courageously, not expecting redress, and in the other, violent resistance, the slaughter of one’s enemies, in an ending of Milton’s tragedy which has often puzzled and disturbed readers.
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Lund, Christian. "Possession Is Nine-Tenths of the Law." In Nine-Tenths of the Law, 1–25. Yale University Press, 2021. http://dx.doi.org/10.12987/yale/9780300251074.003.0001.
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This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, more importantly, about social relations and the political and physical capacity to hold things of value: land, in particular. For many people in Indonesia, rights remain a faint promise, and justice a mere rumor. Land conflicts and dispossession have placed unjust burdens on ordinary people for generations and under different regimes. Some people acquire land, but more seem to lose it when their lack of wealth, knowledge, language, connections, and organization leaves them vulnerable. Possession may be nine-tenths of the law, but the last tenth, recognition, still matters a great deal. Moreover, recognition often takes the form of legalization, through efforts to make claims and decisions appear legal. And, crucially, this very plausibility of legality can have the effect of law. The chapter explains that the book is therefore about how and why people and institutions work to make claims stick by legalizing them. It is about the relationship between legal recognition and possession.
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Dilbeck, D. H. "“Responsible to One Another and to God”." In New Perspectives on the Union War, 143–59. Fordham University Press, 2019. http://dx.doi.org/10.5422/fordham/9780823284542.003.0007.
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Francis Lieber believed the war to save the Union must remain a justly waged war. He thought that if the Union military effort lapsed into indiscriminate violence, Federal armies would fail to truly preserve the Union—even if they were victorious on the battlefield. An unjustly prosecuted war would undercut the Union’s character as a beacon of enlightened civilization. Lieber worried Federals could lose their Union not only through Confederate military triumph but also through their own immoral conduct in war. Throughout the Civil War, Lieber tried to ensure Federal armies waged a just war, a quest that culminated with General Orders No. 100, a succinct guide to the laws of war. This essay considers what the Union meant to Lieber, how he defined a justly waged war, and why he insisted that the meaning of the Union necessitated a just war to save it.
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Whymark, Caroline, Ross Junkin, and Judith Ramsey. "Introduction." In SBAs for the Final FRCA. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198803294.003.0004.
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To pass the written part of the FRCA, candidates must achieve the pass mark for the SAQs and the MCQ/ SBA papers combined. Therefore, doing particularly well in one paper, or one area, can compensate for another in which you have scored poorly. The 30 SBA questions is an area that candidates commonly find difficult. There is a feeling these questions are unjust and that it is impossible to second guess the examiners and choose the correct option. They feel further punished that four marks are awarded for each correct answer or lost for an incorrect choice. While this reflects the fact that four answers have been eliminated in the course of choosing the best answer, candidates often state it is an unfair ‘all or nothing’ way to mark these questions. They can commonly narrow the choice down to a final two options but report finding it difficult to then choose between them. They receive no credit having successfully eliminated three of the options and cite the SBA element as being the reason they failed the examination. These comments however are not supported by examination success data published by the RCoA. The pass rate for this paper was consistent at around 70% before and after the introduction of the SBA component in September 2011. We believe the concepts behind the SBAs are misunderstood by many. When asked to write a SBA question, candidates inevitably produce a five- part A to E multiple choice question but with only one correct answer. The finer points of SBA questions are lost among quickly written revision aids containing what the authors believe to be examination standard questions, when often they are not. Further, because SBAs are a relatively new element to the FRCA there is a limited bank of questions, and a highly restricted number in the public domain. Both these factors make practice of these questions difficult. Part of exam success is practice of the technique and question type in advance. We believe the practice of SBAs is an area to which candidates do not give enough attention.