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

ISBN-13: 9781107144866 / Angielski / Twarda / 2022 / 448 str.

Matthew Dyson (University of Oxford)

Opis

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.

Recenzje

'Explaining Tort and Crime is a terrific book, and we are deeply in Matthew Dyson's debt. Not only does it realise the ambition of promoting scholarship on tort and crime, it also makes a major contribution to the literature on doctrinal development and change in the law. It has taught me a great deal. One can ask and expect no more.' Peter Cane, Emeritus Professor, Australian National University, College of Law

Spis treści

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.