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Full-Text Articles in Law
Foundations Of The Duty To Rescue, Steven J. Heyman
Foundations Of The Duty To Rescue, Steven J. Heyman
Vanderbilt Law Review
In 1908, James Barr Ames concluded his classic lecture on Law and Morals by posing the problem of a duty to rescue., Suppose, he said, that you are walking over a bridge when a man falls into the water and cries out for help. Do you have an obligation to save him from drowning by throwing a nearby rope? As the law then stood, the answer clearly was no. "The law does not compel active benevolence between man and man. It is left to one's conscience whether he shall be the good Samaritan or not." Nevertheless, Ames asserted, it was …
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Vanderbilt Journal of Transnational Law
In this Article, Professor Bernstein and Mr. Fanning argue that strict products liability, a legal rule recently adopted in the European Union, clashes with the culture of one of its large Member States, Italy. Using a wide array of source material--history, political sociology, literature, and numerous interviews--the authors begin with Italian traditions, exploring their implications for legal change. Strict products liability conflicts with these traditions. The doctrine is collectivist, tending to regard individuals in terms of group membership. Italians reject this aggregation, and affirm the singularity of a product design. The authors conclude that the EU attempt to harmonize its …