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Network Responsibility
European Tort Law and the Society of Networks
A re-conceptualization of the normative frame of reference for contemporary tort law beyond the nation-state.
Rónán Condon (Author)
9781316512005, Cambridge University Press
Hardback, published 28 July 2022
248 pages
23.5 x 16.6 x 1.7 cm, 0.5 kg
The contemporary landscape of transnational political economy is dominated by networks. Public and private networks, and networks that combine public and private actors, cross borders, exert regulatory power and their activities often harm third parties. However, tort law as a traditional source of remediation for third party harms appears impotent when faced with the problem of regulating the 'society of networks'. This book, using a systems theory framework, retraces the emergence of tort law in modernity and highlights how two models of normative ascription - personal responsibility and organizational liability - have come to shape existing tort law's ambivalence towards network phenomena. This book breaks new ground by leaving behind the national law 'frame of reference', drawing on the conceptual promise of EU law to develop a concept of 'network responsibility' for a network society and lays the foundations of a tort law for the 21st century.
Introduction
1. Tort Law and the Society of Individuals
2. Tort Law and the Society of Organizations
3. Currents and Counter-Currents In Contemporary Law
4. Re-Norming Tort Law – From Network Rights to Network Remedies
Conclusion
Index.
Subject Areas: Torts / Delicts [LNV], Legal system: general [LNA], Private international law & conflict of laws [LBG], Jurisprudence & general issues [LA]