登入選單

返回Google圖書搜尋

The Anatomy of Tort Law

Peter Cane

出版	Hart Publishing, 1997-06-19
主題	Law / ReferenceLaw / Torts
ISBN	19013620949781901362091
URL	http://books.google.com.hk/books?id=c24G32EEuI4C&hl=&source=gbs_api
EBook	SAMPLE

註釋

This book argues that the exposition of tort law in terms of the traditional torts, such as trespass, negligence, defamation and so on, is a hangover of an outdated formularistic approach which hinders understanding of the nature of the various heads of tort liability and of the relationship between tort liability and other forms of civil liability (such as contract). Tort law is therefore reconcevied and re-organized as a system of rules and principles of personal responsibility for conduct, from which perspective heads of tort liability are analyzed as consisting of various combinations of protected interests, sanctioned conduct and sanctions. These are the building blocks of tort law. This novel approach has a number of important advantages: it illuminates many puzzling features of tort law; it helps us to understand the relationship between tort law and morality on the one hand, and between tort law and its functions and effects on the other; and it facilitates integration of the common law and the statutory law of tort. The analysis also raises fundamental issues about the juristic distinctiveness and unity of tort law, about the nature and uses of legal classifications; and about the rule of concurrent liability. It has important implications for our approach to the law of obligations generally as well as to tort law in particular.