Justifying Strict Liability - A Comparative Analysis in Legal Reasoning (Hardcover)

The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

General

Imprint:	Oxford UniversityPress
Country of origin:	United Kingdom
Release date:	June 2022
Authors:	Marco Cappelletti (Junior Research Fellow)
Dimensions:	240 x 162 x 27mm (L x W x T)
Format:	Hardcover
Pages:	384
ISBN-13:	978-0-19-285986-0
Categories:	Books > Law > Jurisprudence & general issues > Comparative law Books > Law > Jurisprudence & general issues > Foundations of law > General Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts Promotions
LSN:	0-19-285986-2
Barcode:	9780192859860

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!