
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
Mounting a lawsuit against someone who has wronged you is a prospect no less fearful than being on the receiving end of such a lawsuit. Litigation in the courts has a reputation for being a byzantine process far removed from ordinary life, often failing to address people's real grievances while adding to their pain. Yes, there is money to be had if you win. But beyond that, what is it all in aid of?In this book John Gardner argues that, in spite of their legal intricacy, many of the questions that perennially occupy the courts in civil cases are actually timeless puzzles about the human condition. The architecture of the law of torts and the law of contract turns out to track the contours of personal life much more closely than you might expect. Using a wide range of examples from literature and life as well as law, Gardner explores big questions about our relationships to our own pasts and our own futures as well as to other people. What are friends for? Why does it matter how your actions turn out? What is the good of saying sorry? Why regret your mistakes? How can anyone be compensated for an irreversible loss? Why would you want to hold onto the life you already have? And what does any of this have to do with all those protracted legal disputes about damaged cars, ruined holidays, and leaky roofs?
This book investigates the fundamental connection between the intricate structures of civil law and the timeless, universal puzzles of the human condition. John Gardner, a noted legal philosopher, challenges the perception that litigation is a detached, bureaucratic process by demonstrating how the law of torts and contracts mirrors the complexities of personal relationships and moral responsibility. By synthesizing legal doctrine with insights from literature and everyday experience, the author argues that civil disputes are deeply rooted in our shared understanding of regret, compensation, and interpersonal obligation.
What You Will Find
Legal scholars and philosophers frequently cite this work for its ability to bridge the gap between abstract legal theory and practical human experience. Readers often note the accessible yet intellectually rigorous prose, which makes complex jurisprudential concepts understandable for those outside the legal profession.
Page Count:
254
Publication Date:
2019-08-15
Publisher:
Oxford University Press
ISBN-10:
0198851855
ISBN-13:
9780198851851
No comments yet. Be the first to share your thoughts!