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Philosophy of law - Appunti

Appunti in inglese riguadanti la Philosophy of law in Filosofia del diritto. Nello specifico gli argomenti trattati sono i seguenti: Critical Legal Theory: Overview, the Indeterminacy Thesis, CLS and Social Theory, CLS: critique of the Public/Private Division.

Esame di Philosophy of Law docente Prof. A. Rotolo

Anteprima

ESTRATTO DOCUMENTO

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law Rotolo) Chapter

and

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of based Reasoning

November

Antonino and

Philosophy 1

Handout Introduction

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(prof. 12 MacCormick,

N.

law)

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the

the

a

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(1938) gave compensation

and

that

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(R. fact defendant

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lemonade the (R. in

being the

ill

manufacturer damages

and the when

of liability;

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bottle of acid

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from

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(1938) sold whether sold

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and an

containing goods

of

Tarbard is

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gave

in of

a

blameless description,

merchantable

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first quality.

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and Mrs

(1) (1893)], that merchantable

from the

and of

innocent what

Justification

& of

(excerpts): 7

being

facts,

[…]

White goods

before was Act

house those not

entirely lemonade Goods

[…] in

days of

R. therefore,

follows liable. deals

public on be

husband

v. three

course, shall

is, of

Daniels who

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as the Sale

defendant

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bottle

runs the seller

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to

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through

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v. quality some

Daniels Mrs

Mrs with

merchantable against

be

for find, must

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therefore

Daniels there

of and can

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(1938) (1)

Opinion

Tarbard ______

and J.’s Q

Lewis

Sons Q

P P

& 9

of

White Reconstruction sale

in existed

person

contract

a Tarbard,

as

property respectively

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for property

exists of

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person another

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a

the Mrs

a

then goods Daniels,

one

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buyer”

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for

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case,

consideration,

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transferred

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person “the goods

instant

instant Daniels)

those those

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to consideration

of and

Daniels one goods seller,

the the

A those

Tarbard)

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sale of

money seller” goods

In In

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(1) (2) (3)

of of

in

(2)

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S S

& & ______

J.’s R R

& &

Lewis Q Q T 10

of

Reconstruction the the (Morelli

goods by

bottled question in

of between

certain and of certain

sale form goods

if purchasing seller, sold

buyer,

certain a

of

a

of a

description

in of

existed

of contract were

form goods the the

bottle and

bottle

a

of Tarbard,

and in (1928)) case,

question

a the bought

(lemonade)

sale a

(lemonade)

buyer a

a

Logical are for

seller by case

for then buyer

of instant

asked

sold

questions Gibbons Mrs

asks in

the instant

contract a beverage, beverage were

the

and

between goods buyer

parties,

if drink drink

goods Daniels, the description

bought

and

A & the

in question

a The

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bottled bottled In

named named

goods drink, In

If exists those those Mr

are

(4) (3) (5) (6) (7)

v.

(3)

Opinion V

→ ______

J.’s U U

& &

Lewis V

T T 11

of

Reconstruction Goods

of goods

goods be

an

that that

Tarbard)

the

implied

by in by

goods was

by

bought be of

sold

of must

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fulfilled quality

goods

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shall there

an (Mrs

of the and Tarbard)

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and seller is in

goods merchantable

in case,

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be goods bought

there dealt

sold deals

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the Mrs

instant

the condition

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if

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(which

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goods seller

merchantable person of

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description, description,

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the description description

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condition question fulfilled

implied

In

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seller)

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Act) (10)

was

a

(8) (7) (9)

is

(4)

Opinion X ______

J.’s →

W W

Lewis X 12

of

Reconstruction them

goods examination sold

not

Daniels)

are v

to fro on to

(Grant

apparent

person goods

them person but goods

unfitting quality.

(1936)) case, Mr

unfitting the quality

one use the

not colour)

one and

then acid) merchantable

ordinary case,

Mills

but instant

by proper

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by

examination, merchantable

defects use (carbolic no

sold Knitting instant

sold has

proper only

the

goods on acid

(Mrs

have the of

(lemonade) defects

Australian

A only their

In (carbolic not

apparent

ordinary

another another

If In

of were

their

(11) (12) (13)

had

not for 13

(1978)

Theory

Legal 1

law Rotolo) Chapter

and

2008 on

of based Reasoning

November

Antonino and

Philosophy 1

Handout Introduction

Legal

(prof. 17 MacCormick,

N. publican

the

the

a

White’s for

(1938) gave compensation

and

that

and White)

(R. fact defendant

Tarbard lemonade

lemonade the (R. in

being the

ill

manufacturer damages

and the when

of liability;

ill as

bottle of acid

became

Sons earnings

established

some for

carbolic damages

from

a Tarbard)

the

& bought and

drunk 2

of

White absolved

sued

sensations with loss

later them

he

there drunk (Mrs

Daniels, and

contaminated

there was

R. pay

was

lemonade

and expenses,

she burning

v. to

and sickness manufacturer

which Mrs

Daniels ordered

pub bottle and

experienced

a the treatment

heavily

wife,

to their and

the sold

Mr

went

and his liable

home defendant

plaintiffs,

was

of who

to illness,

Daniels

Daniels cause

lemonade) both

it lemonade held

publican

took of They

glass their

The The The was

Mr He or by

it

She White carbolic implied

(1938) sold whether sold

matter. R.

and an

containing goods

of

Tarbard is

him quality,

defendants,

the bottle there

gave

in of

a

blameless description,

merchantable

fact cases

want Tarbard

and in

first quality.

“I bottle in

Sons said

the

and Mrs

(1) (1893)], that merchantable

from the

and of

innocent what

Justification

& of

(excerpts): 3

being

facts,

[…]

White goods

before was Act

house those not

entirely lemonade Goods

[…] in

days of

R. therefore,

follows liable. deals

public on be

husband

v. three

course, shall

is, of

Daniels who

is

White arises

as the Sale

defendant

lemonade, goods

bottle

runs the seller

into

of R. which the

to

was,

opinion the

a

came

the

and counter a

and to

second by that

publican question

received the

lemonade,”

Daniels [According description

Daniels J.’s condition

and

the the

Lewis acid,

over

The The

had not

Mr

[…] who

were

(1938) description, person

goods

Tarbard only

the

her, by the

sale

and of is

who

faults

(cont’d) a

Sons was Daniels,

no this

& 4

through

Justification

White that Mr

regret, for Tarbard

Tarbard,

R. judgement

v. quality some

Daniels Mrs

Mrs with

merchantable against

be

for find, must

and Unfortunately recover

therefore

Daniels there

of and can

not I


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DETTAGLI
Corso di laurea: Corso di laurea magistrale in giurisprudenza
SSD:
Università: Bologna - Unibo
A.A.: 2013-2014

I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Sara F di informazioni apprese con la frequenza delle lezioni di Philosophy of Law e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Bologna - Unibo o del prof Rotolo Antonino.

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