By Richard A. Posner
Hailed in its first version as an “outstanding paintings, as stimulating because it is intellectually distinguished” (New York Times), Law and Literature has handily lived as much as the Washington Post’s prediction that the e-book might “remain crucial studying for a few years to come.” This 3rd variation, broadly revised and enlarged, is the one complete book-length remedy of the sphere. It keeps to stress the fundamental adjustments among legislations and literature, that are rooted within the varied social capabilities of criminal and literary texts. however it additionally explores parts of mutual illumination and expands its variety to incorporate new themes reminiscent of the tough and strange punishments clause of the structure, unlawful immigration, surveillance, worldwide warming and bioterrorism, and plagiarism.
during this variation, literary works from classics by way of Homer, Shakespeare, Milton, Dostoevsky, Melville, Kafka, and Camus to modern fiction via Tom Wolfe, Margaret Atwood, John Grisham, and Joyce Carol Oates come below Richard Posner’s scrutiny, as does the movie The Matrix.
The e-book is still the main transparent, acute account of the intersection of legislation and literature.
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Additional resources for Law and Literature (3rd Edition)
Example text
Ltd v. English (1938) establishes that the employer owes a duty to an employee to provide competent and safe fellow employees, to provide adequate materials and to provide a safe system of working. It may be a corollary of the first aspect of this duty that an employer is under a duty to take steps to terminate the employment of a potentially dangerous employee. Although the duty is generally regarded as arising in the law of tort, it gives rise to a contractual obligation on the part of the employer to act reasonably in matters of safety.
3 List the advantages and disadvantages of employment and self-employment. qxd 3/10/2006 7:52 PM Page 21 3 Contract of Employment The main sources of an employment contract are express terms and implied terms. Express terms are to be found in the contract itself and/or documents expressly or impliedly incorporated into the contract, such as collective agreements or employers’ handbooks. In cases where there is no employment contract, the existence of a written statement of terms and conditions under s.
This is a fairly wide obligation, which in effect enshrines the employer’s managerial prerogative. It extends beyond the normal situation of obedience to instructions given in the workplace to such issues as mobility and the need to adapt to changes in working practice, as in Cresswell v. Board of Inland Revenue (1984). There the employees tried to argue that the Inland Revenue was in breach of their terms of service in requiring them to operate the proposed computerisation of the PAYE system. Walton J held that, although the proposed introduction of computerisation changed the way the employees performed their duties, they were still administering the PAYE system and performing the duties of tax officers.