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Comparative Studies in the Development of the Law of Torts in Europe: Volumes 7-9

Edited by: Michael Lobban, Julia Moses, Paul Mitchell, David Ibbetson, John Bell

ISBN13: 9781107023116
Published: October 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback, 3 Volumes
Price: £207.00

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This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault.

By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically better informed.

  • Volume 7: The Impact of Ideas on Legal Development edited by Michael Lobban and Julia Moses
  • Volume 8: The Impact of Institutions and Professions on Legal Development edited by Paul Mitchell
  • Volume 9: European Legal Development: The Case of Tort edited by John Bell and David Ibbetson

Legal History, Tort Law
Volume 7. The Impact of Ideas on Legal Development:
1. Introduction Michael Lobban and Julia Moses
2. Responsibility, solidarity and state regulation in classical continental social theory Roger Cotterrell
3. Individual and social responsibility in nineteenth-century British political thought Sandra den Otter
4. The 'welfare state' in legal and social philosophy: origins and controversies Jose Harris
5. Continental European jurisprudence, 1850-2000 John Bell
6. English jurisprudence and tort theory Michael Lobban
7. The left and wrongs: Marxism, law and torts Christine Sypnowich
8. The process of codification applied to the law of delicts Jean-Louis Halperin
9. Codifications, commentators, and courts in tort law: the perception and application of the Civil Code and the Constitution by the German legal profession Nils Jansen
10. The English codification debate and the role of jurists in the development of legal doctrines Alexandra Braun
11. Regulating workplace hazards: the role of medical, scientific and technical experts in legal change P. W. J. Bartrip
12. Expertise and the evolution of private law: the case of occupational illness in twentieth-century France Paul-Andre Rosental
13. The notion of a European private law and a softer side to harmonisation Lucinda Miller.

Volume 8. The Impact of Institutions and Professions on Legal Development:
1. Introduction Paul Mitchell
2. England: the elaboration of fault liability Paul Mitchell
3. England: compensation for occupational injury Peter Bartrip
4. Scotland Elspeth Reid
5. France Paula Giliker
6. Germany Jens M. Scherpe
7. The Netherlands Esther Engelhard and Ivo Giesen
8. Spain I. Gonzalez Pacanowska and M. Garcia-Ripoll Montijano
9. Sweden Marten Schultz.

Volume 9. European Legal Development: 'Introduction
1. Method and theory
2. The place of fault in 1850 and the limits of tort law
3. Path dependency
4. Homogeneity in legal development: products and medical liability
5. Doctrinal diversity: roads and neighbours
6. Conclusion: drivers of development.