The Anatomy of Tort Law
Author | : Peter Cane |
Publisher | : Hart Publishing |
Total Pages | : 263 |
Release | : 1997-06-19 |
ISBN-10 | : 9781901362091 |
ISBN-13 | : 1901362094 |
Rating | : 4/5 (91 Downloads) |
Book excerpt: Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.