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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: £174.00

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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

Subjects:: Legal History, Tort Law

Contents:: 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.