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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.
First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Explains the development of tort law and criminal law in England by reference to other legal systems from 1850-2020.
Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
"This part of the book contains the Introduction (Chapter 1) and the methodology for modelling the law (Chapter 2). Part 2 examines fault concepts across tort and crime. Part 3 examines three procedural interfaces across tort and crime. Part 4 comprises one chapter on Patterns of Legal Development, and another on the Conclusion. This Part explains the approach the book takes to explaining tort and crime. The Introduction briefly explains how and why this book was written. It covers the purpose, scope, terminology and methodology behind the project as a book. The second chapter explores some concepts in how to compare tort law and criminal law, and how to explain legal development. It covers how to conceive of the map of tort and crime, what the components of legal reasoning for the project are, the modes of interaction of tort and crime, their purposes and the nature of development over time. The time period covered is from 1850 to 2020. The focus is England and Wales, with comparative references predominantly to France and Spain, and further references to Australian, Brazilian, German, Swedish, Chilean and Scottish law, and the law in some states of the USA"--
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Knowledge of legal language and the ability to use it effectively are essential requirements for students who have chosen to study law. A comprehensive course in English specially prepared for undergraduate students of law, this book aims to train students in both these aspects.