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Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change

Editat de TT Arvind, Jenny Steele
en Limba Engleză Hardback – 20 dec 2012
The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time.Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
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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

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.

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.