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Explaining Tort and Crime: Legal Development Across Laws and Legal Systems, 1850–2020


ISBN13: 9781107144866
Published: July 2022
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault doctrine across tort and crime, and to chart and explain three procedural interfaces: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. Matthew Dyson draws on decades of research to offer an analysis of the field, examining patterns of legal development, visible as motifs in the law of many legal systems.

Subjects:
Legal History
Contents:
Part I. Setting the Scene: Introduction and Methods for Explaining:
1. Introduction
2. Organising tort and crime
Part II. Mental States and Careless Acts: The Development of Fault Doctrine in Crime and Tort:
3. Fault doctrines in criminal law
4. Fault doctrines in tort law
5. Explaining the criminal and tortious developments in fault doctrine
Part III. Procedures Interfacing Tort and Crime:
6. Claims and formats
7. Timing rules
8. Criminal judgments in the civil law
Part IV. Conclusions:
9. Patterns of development
10. Conclusions