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Three Essays on Torts: Clarendon Law Lectures

Autor Jane Stapleton
en Limba Engleză Hardback – 20 ian 2021
This book of essays champions tort scholarship that puts judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the 'living' and 'evolving' common law. This is 'reflexive tort scholarship'. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic searchfor 'grand theories' that descriptively assert that tort law is fundamentally 'all about one thing', a unifying idea that alone explains and justifies the whole of tort law. This book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates keyfeatures of tort law. The first essay contrasts the reflexive approach with the Grand Theory approach, while the second essay identifies a principle of tort law (the 'cooperative principle'), that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law - that based on the famous case ofHedley Byrne v Heller. The final essay deploys the reflexive method to argue that the iconic 'but-for' test of factual causation is inadequate and narrower than the concept actually utilized in the cases. Application of the method also prompts a reassessment of the 'scope of duty' concept and of theappropriate characterisation of the much-discussed decision in SAAMCO. These essays, based on the 2018 Clarendon Law Lectures given at Oxford University, clearly demonstrate the value of scholarship that 'takes the judges seriously'.
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Specificații

ISBN-13: 9780192893734
ISBN-10: 0192893734
Pagini: 128
Dimensiuni: 165 x 245 x 15 mm
Greutate: 0.36 kg
Editura: Oxford University Press
Colecția OUP Oxford
Seria Clarendon Law Lectures

Locul publicării:Oxford, United Kingdom

Recenzii

Throughout the book, there is an attempt to articulate for the next generation of academic lawyers the sort of questions they should be asking themselves and the sort of solutions they should be trying to articulate. The intention, clearly, is not so much to educate — although there is much to learn from these essays — as to enthuse and inspire. Any student wanting to get 'under the bonnet' of legal policy and gain insight into the shape and purpose of'black-letter' law will read these essays with profit and enjoyment.
Stapleton argues her case in a concise and readable manner, providing the practitioner with considerable food for thought.

Notă biografică

Jane Stapleton QC FBA is an academic who has taught common law subjects, especially the law of torts, in Oxford, Cambridge, the European University Institute, and the United States. She is an Honorary Bencher of Gray's Inn, a Council Member of the American Law Institute, and an Emeritus Distinguished Research Professor at the Australian National University. Her awards include the American Bar Association's Robert B. McKay Law Professor Award, the Association ofAmerican Law Schools' Prosser Award, the Wedderburn Prize, and the John G. Fleming Prize. She is an Emeritus Fellow of Balliol College and Master of Christ's College Cambridge.