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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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The Structure of Tort Law (Hardcover)
Loot Price: R3,622
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The Structure of Tort Law (Hardcover)
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This English translation makes available to anglophone readers a
modern classic of German tort theory. It argues that modern German
tort law is faced with doctrinal tensions based on problematic
theoretical assumptions which stem from historical conceptions of
tortious liability, inappropriate to modern times. From a
theoretical perspective, it argues against the prevalent doctrinal
view in Germany that conceives of tortious liability as split
between two tracks - a fault-based track and a strict liability
track - each with different normative foundations. Instead, Jansen
asserts that there is no rigid distinction between the normative
foundations of each form of liability. Rather, both fault liability
and strict liability in German law, and indeed other European
systems, are best considered as resting upon the unifying
theoretical structure of outcome responsibility. The book thus
places responsibility rather than wrongdoing at the centre of the
normative foundations of tort law. Historically, the book traces in
detail how conceptions of tort liability have changed from Roman
law to contemporary legal doctrine. It shows how particular
historical understandings of the normative basis of tort law have
led to continuing normative tensions in contemporary doctrine.
Finally, the book examines how a reconstruction of modern German -
and, indeed, European - law as based upon outcome responsibility
should affect its doctrinal structure. This book makes
contributions to the study of the theory, history, and doctrinal
structure of tort law. While drawing on and explaining German tort
law, its comparative, theoretical, and historical analysis will be
of interest to scholars in all legal systems.
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