European legal development : the case of tort / John Bell and David Ibbetson.

Format:

Book

Author/Creator:

Bell, John, 1953- author.

Ibbetson, D. J. (David J.), author.

Language:

English

Subjects (All):

Torts--Europe--History.

Torts.

Liability (Law)--Europe--History.

Liability (Law).

History.

Europe.

Physical Description:

1 online resource (xii, 213 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

What shapes the development of a legal system? The economy? Legal ideas? Social and political movements? Drawing on the other eight volumes in the series, European Legal Development: The Case of Tort aims to challenge conventional comparative law explanations of the factors that shape the law. It goes further into ideas that law could be conceived as either driven by external factors or is primarily the product of deliberations among lawyers. Choosing the examples of product and medical liabilities, the book considers the convergence of developments across legal systems. By contrast, examining road accidents and relations between neighbours, it notes areas in which the development of tort law has diverged. Tort law emerges as only part of the legal response and its place depends on the activity of the legislator, as much as on judicial and scholarly ideas about the place of fault liability within the schemes of compensation.

Contents:

Introduction

The place of fault in 1850

Homogeneity in legal development: products and medical liability

Doctrinal divergence: roads and industrial nuisances

Convergence and divergence in the development of fault liability.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139128988

Access Restriction:

Restricted for use by site license.