there is certainly much here to inform, interest and provoke.
European Tort Law
The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension of tortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court of Human Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.
Les mer
Features lectures that examine the compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. This book argues that this trend towards judicialization is undesirable, and that use should be made of extrajudicial remedies.
Les mer
Introduction: Problem without Solution? ; 1. Corrective Justice in the Frame ; Corrective Justice ; Compensation: towards a tort tax? ; Culpability and Deterrence ; Taking Dicey Seriously ; Conclusion ; 2. Tort Law Abounding ; The Cascade effect of Globailization ; Accountability through Liability ; Responsibility and Liability ; Liability, Sanction, and the ECJ ; The Strasbourg Court and Satisfaction: Just or Unjust? ; Conclusions ; 3. Administrative Compensation: Brave New World? ; Identifying 'Compensation' ; Accident Compensation ; Compensation as Good Administration ; Damages, Human Rights, and Compensation ; Towards a General Principle? ; General Conclusion: Collective Consumption Reinstated ; Annex: State Liability and French Administrative Law
Les mer
Examines the sustainability of compensation culture
Shows how legal globalization has led to a victim-oriented tort law
Argues for greater use of extrajudicial remedies, taking compensation out of the hands of the courts
Les mer
Carol Harlow is Emeritus Professor of Law at the London School of Economics and Political Science.
Examines the sustainability of compensation culture
Shows how legal globalization has led to a victim-oriented tort law
Argues for greater use of extrajudicial remedies, taking compensation out of the hands of the courts
Les mer
Produktdetaljer
ISBN
9780199272648
Publisert
2004
Utgiver
Oxford University Press; Oxford University Press
Vekt
331 gr
Høyde
224 mm
Bredde
146 mm
Dybde
15 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
168
Forfatter