The Development and Making of Legal Doctrine: Volume 6

The development of tort law was characterised by fundamental tensions between the law's conceptual logic and changing public values.

Nils Jansen (Edited by)

9781107475793, Cambridge University Press

Paperback / softback, published 31 July 2014

254 pages
22.9 x 15.2 x 1.4 cm, 0.35 kg

This detailed description and comparative analysis of the development of tort law in Europe over the last 150 years is based on national reports that are structured by a basic questionnaire. The national reports are complemented with a comparative analysis of the parallel, though often diverging, developments in the different legal systems. It can clearly be seen that different groups in the legal systems, such as judges and scholars, often had diverging views on tort law that were translated into more specific doctrinal and evaluative statements. Accompanied by a general expansion of liability due to changing perceptions of the risks of accidents, the former Roman law of delict and the medieval law of torts have been transformed into modern rules of extra-contractual liability that are deeply entrenched into the social security and insurance systems.

1. The development of legal doctrine in Europe: extracontractual liability for fault Nils Jansen
2. The tort of negligence in England David Ibbetson
3. French doctrinal writing Jean-Louis Halpérin
4. Developing legal doctrine: fault in the German law of delict Nils Jansen
5. Fault in legal doctrine in the Netherlands Antoine Hol
6. Liability for fault in Italian law: the development of legal doctrine from 1865 to the end of the twentieth century Michele Graziadei
7. The development of legal doctrine on fault in Spanish tort law Miquel Martín-Casals and Albert Ruda
8. Scandinavian exceptionalism: the development of modern Swedish tort law Kjell Å Modéer.

Subject Areas: Torts / Delicts [LNV], Legal history [LAZ], Comparative law [LAM]