Overview

Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes. This collection of essays written by tort law experts from around the world also offers a comprehensive comparative assessment of tort law rules, and consideration for the cultural contexts in which tort laws live, covering many jurisdictions that are usually neglected by mainstream debates and literature. Insightful case studies analyze specific features of selected tort systems in Europe, USA, Latin America, East Asia, and sub-Saharan Africa. This path-breaking, though accessible book is a critical tool for students, policymakers, practitioners, scholars and academic researchers, especially tort law and comparative law specialists. Contributors: A. Basir Bin Mohamad, M. Bussani, E. Büyüksagis, D.N. Dagbanja, G. Dari-Mattiacci, M. de Morpurgo, M. Dyson, I. Ebert, E.A. Engle, J. Gordley, H. Jiang, E. Hondius, M. Infantino, D. Jutras, E. Matsumoto, V.V. Palmer, F. Parisi, M. Reimann, A.J. Sebok, S.D. Sugarman, S.C. Symeonides, F. Werro

Full Product Details

Author:   Mauro Bussani ,  Anthony J. Sebok
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 16.90cm , Height: 2.80cm , Length: 24.40cm
Weight:   0.864kg
ISBN:  

9781786438416

ISBN 10:   1786438410
Pages:   520
Publication Date:   24 February 2017
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents: 1. Introduction to Comparative Tort Law: Global Perspectives Mauro Bussani and Anthony J. Sebok PART I GENERAL ISSUES 2. The Many Cultures of Tort Liability Mauro Bussani and Marta Infantino 3. Tort Law and Conflict of Laws Symeon C. Symeonides 4. Tort Law and Human Rights Eric A. Engle 5. Tort and Crime Matthew Dyson 6. Liability Rules: An Economic Taxonomy Giuseppe Dari-Mattiacci and Francesco Parisi 7. Tort Law and Insurance Ina Ebert 8. Alternative Compensation Schemes from a Comparative Perspective Daniel Jutras PART II THE WESTERN LAW OF TORTS 9. The Architecture of the Common and Civil Law of Torts: An Historical Survey James Gordley 10. The Bounds Between Negligence and Strict Liability Franz Werro and Erdem Buyuksagis 11. Professional Liability Ewoud Hondius 12. Product Liability Mathias Reimann 13. Causation Theories and Causation Rules Marta Infantino 14. A Comparative-Law Sketch of Pure Economic Loss Vernon Valentine Palmer 15. Tort Damages for Non-economic Losses: Personal Injury Stephen D. Sugarman PART III - NON-WESTERN PERSPECTIVES 16. Tort Law in Japan Emi Matsumoto 17. Chinese Tort Law: Between Tradition and Transplants Hao Jiang 18. Customary Tort Law in Sub-Saharan Africa Dominic N. Dagbanja 19. Islamic Tort Law Abdul Basir Bin Mohamad 20. Tort Law in Latin America Marco de Morpurgo Index

Reviews

'An admirably sprawling survey of tort law in its broadest sense. Some chapters offer important comparative insights into malpractice, products liability, liability for economic loss, and tort damages. Others helpfully address related topics including jurisdiction, choice of law, insurance, and the tort-crime interface. The reader is also treated to historical, economic, philosophical, and cultural analyses of tort, and to informative chapters on the operation of tort law in non-western legal systems. Entirely apt to our global era, Comparative Tort Law is an important resource and the perfect antidote to narrow, parochial conceptions of tort law's character and significance.' -- John C. P. Goldberg, Harvard Law School, US 'Edward Elgar Publishing has now produced a very high quality academic contribution to Tort case studies entitled 'Comparative Tort Law'... The global perspectives given here by Bussani and Sebok on comparing the law of tort in different jurisdictions is one of the best now available for tort practitioners and scholars!' -- The Barrister Magazine

`An admirably sprawling survey of tort law in its broadest sense. Some chapters offer important comparative insights into malpractice, products liability, liability for economic loss, and tort damages. Others helpfully address related topics including jurisdiction, choice of law, insurance, and the tort-crime interface. The reader is also treated to historical, economic, philosophical, and cultural analyses of tort, and to informative chapters on the operation of tort law in non-western legal systems. Entirely apt to our global era, Comparative Tort Law is an important resource and the perfect antidote to narrow, parochial conceptions of tort law's character and significance.' -- John C. P. Goldberg, Harvard Law School, US `Edward Elgar Publishing has now produced a very high quality academic contribution to Tort case studies entitled `Comparative Tort Law'. . . The global perspectives given here by Bussani and Sebok on comparing the law of tort in different jurisdictions is one of the best now available for tort practitioners and scholars!' -- The Barrister Magazine

Author Information

Edited by Mauro Bussani, Professor of Comparative Law, University of Trieste, Italy and Adjunct Professor, University of Macau, S.A.R. of the P.R. of China and Anthony J. Sebok, Professor, Benjamin N. Cardozo School of Law, Yeshiva University, US and Distinguished Research Professor, College of Law, Swansea University, UK

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