Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change
Editat de TT Arvind, Jenny Steeleen Limba Engleză Hardback – 20 dec 2012
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Specificații
ISBN-13: 9781849461405
ISBN-10: 1849461406
Pagini: 546
Dimensiuni: 156 x 234 x 20 mm
Greutate: 1.07 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1849461406
Pagini: 546
Dimensiuni: 156 x 234 x 20 mm
Greutate: 1.07 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Notă biografică
TT Arvind is a Professor of Law at Newcastle University. He has published a number of articles on legal history, comparative private law, and the law of obligations. Jenny Steele is Professor of Law at the York Law School, University of York, the author of Risks and Legal Theory (Hart Publishing, 2004), and Tort Law: Text, Cases and Materials 2nd edn Oxford University Press, 2010).
Cuprins
1. Introduction: Legislation and the Shape of Tort Law TT Arvind and Jenny Steele Part I: Courts and Legislatures2. Torts, Courts and Legislatures - Comparative Remarks on Civil Law Codifications of Tort Law Willem H van Boom3. Statutes and Tort Defences James Goudkamp4. The 'Compensation Culture' and the Politics of Tort Annette Morris5. A Civil Law for the Age of Statutes James Lee6. Trade Disputes Legislation and the Economic Torts Bob SimpsonPart II: Legislating Fundamental Principle7. The Fatal Accidents Act 1846 Donal Nolan8. Law Reform (Contributory Negligence) Act 1945: Collisions of a Different Sort Jenny SteelePart III: The Process of Reform9. Occupiers' Liability: the Enactment of 'Common Law' Principles SH Bailey10. The Animals Act 1971 Roderick BagshawPart IV: Compensation and Statutory Purpose11. Tort and Personal Injuries, 1850 to the Present Steve Hedley12. Tort Law and Workmen's Compensation Legislation: Complementary or Competing Models? Simon Deakin13. Legislating for Economic Loss Keith Stanton14. Recovery of State Benefits from Tort Damages: Legislating For or Against the Welfare State? Richard Lewis15. Tort Law and Compulsory Insurance Rob Merkin and Sheila DziobonPart V: Tort Law and Public Law16. Tort Law, Regulation and River Pollution: the Rivers Pollution Prevention Act and its Implementation, 1876-1951 Michael Lobban17. Tort Law, Actors in the 'Enterprise Economy', and Articulations of Nineteenth-century Capitalism with Law: the Fraudulent Trustees Act 1857 in Context Sarah Wilson18. Occupying the Field: Tort and the Pre-emptive Statute Maria Lee19. Restraining the State Through Tort? The Crown Proceedings Act in Retrospect TT Arvind20. The Human Rights Act and its Impact on the Law of Tort Richard Clayton and Hugh TomlinsonPart VI: Conclusion21. Bringing Statute (Back) onto the Radar: Implications TT Arvind and Jenny Steele
Recenzii
As the best edited collections should, this enjoyable volume proves valuable on two levels. The component essays are unquestionably of a high standard, taken individually. But also, taken together, they pose deeper questions that are explored well by the editors in their introductory and concluding chapters.
Every one of the essays in this book is valuable in its own terms...If I had a recurring disappointment in reading this book it was that I could have wished almost all of the contributions to be longer and more detailed.With various articles drawing on almost every area of life, the book could not fail to be perceived as relevant and important for lawyers generally. One might not, however, have predicted that it would also be quite such an absorbing read as it is.
Every one of the essays in this book is valuable in its own terms...If I had a recurring disappointment in reading this book it was that I could have wished almost all of the contributions to be longer and more detailed.With various articles drawing on almost every area of life, the book could not fail to be perceived as relevant and important for lawyers generally. One might not, however, have predicted that it would also be quite such an absorbing read as it is.
Descriere
The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the essays, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort.