LAW203 Lecture Notes - Lecture 1: Deterrence Theory, Feminist Theory, Economic Efficiency

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAW203
• Professor: Caitriona McCabe

Document Summary

Week 1 introduction: law and theory & introduction to intentional torts. Deterrence theory; argues that if the wrongdoer is punished or made to pay for an accident, he or she will try to avoid such accidents in thee future. An economic analysis of law concerns the party"s legal rights but also what their rights cost them. Corrective justice and civil resource theory; negligence law is about moral rights is a widely dominant theory. Civil recourse theory; when people are wronged their natural response is to seek retribution and vengeance. Feminist theory; no place in tort law. Intentional torts often involve a direct connection between the wrongful act and the person or property affected: actions in trespass, actions in case (consequential damage) Elements considered to determine if an action is one of trespass or one of case include; directness, fault, damage and the onus of proof.