The book examines the practice of judicial reasoning in tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of tort law as case studies. This enables...
The book examines the practice of judicial reasoning in tort law, understood as a process of justification, consisting of both deductive and non-deduc...