What shapes the development of a legal system? The economy? Legal
ideas? Social and political movements? Drawing on the other eight
volumes in the series, European Legal Development: The Case of Tort
aims to challenge conventional comparative law explanations of the
factors that shape the law. It goes further into ideas that law
could be conceived as either driven by external factors or is
primarily the product of deliberations among lawyers. Choosing the
examples of product and medical liabilities, the book considers the
convergence of developments across legal systems. By contrast,
examining road accidents and relations between neighbours, it notes
areas in which the development of tort law has diverged. Tort law
emerges as only part of the legal response and its place depends on
the activity of the legislator, as much as on judicial and
scholarly ideas about the place of fault liability within the
schemes of compensation.
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