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European Legal Development

European Legal Development
The Case of Tort


  • Date Published: July 2014
  • availability: Available
  • format: Paperback
  • isbn: 9781107475625

£ 32.99

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About the Authors
  • 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.

    • Overview of key issues in the other eight volumes in the series enables the reader to identify key issues and to use them to provide evidence of generic issues as well as specific topics
    • In-depth study of major issues in legal development enables the reader to understand and assess major issues in comparative law
    • Demonstrates the roles of legal actors and the social and economic environment in shaping the development of law, which is essential for conducting effective law reform
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    Product details

    • Date Published: July 2014
    • format: Paperback
    • isbn: 9781107475625
    • length: 226 pages
    • dimensions: 229 x 152 x 12 mm
    • weight: 0.31kg
    • contains: 3 b/w illus. 4 tables
    • availability: Available
  • Table of Contents

    1. Method and theory
    2. The place of fault in 1850 and the limits of tort law
    3. Path dependency
    4. Homogeneity in legal development: products and medical liability
    5. Doctrinal diversity: roads and neighbours
    6. Conclusion: drivers of development.

  • Authors

    John Bell, University of Cambridge
    John Bell is Professor of Law at the University of Cambridge.

    David Ibbetson, University of Cambridge
    David Ibbetson is Regius Professor of Civil Law at the University of Cambridge.

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