
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 technical intricacies of civil law and the universal puzzles of the human condition. John Gardner, a prominent legal philosopher, utilizes his expertise in jurisprudence to argue that the structures of tort and contract law are not merely bureaucratic mechanisms, but reflections of personal moral and existential dilemmas. By bridging the gap between legal doctrine and everyday experience, the author provides a framework for understanding how civil litigation mirrors the complexities of human relationships and personal accountability.
What You Will Find
Scope Limits
Legal scholars and philosophers frequently note the accessibility of Gardner's prose, which manages to distill complex jurisprudential concepts into relatable human terms. Experts highlight this work as a significant contribution to the philosophy of private law, valued for its interdisciplinary approach that incorporates literature and personal experience alongside traditional legal analysis.
Page Count:
264
Publication Date:
2018-01-01
Publisher:
Oxford University Press,
ISBN-10:
019255073X
ISBN-13:
9780192550736
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