Overview

This revised second edition of Comparative Tort Law offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it examines common issues such as causation, economic and non-economic damages, product and professional liability, and the relationship between tort law and crime, insurance and public welfare schemes. Featuring contributions from international experts, this book also provides a comprehensive comparative assessment of tort law cultures, contextualising them within the legal systems and societies that sustain them. Chapters cover many jurisdictions often overlooked in the mainstream literature, and explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia. Comparative Tort Law is a critical tool for students, scholars and academic researchers, especially those specialising in tort and comparative law. It will also be useful to policymakers, practitioners and judges, in particular those dealing with differing tort law systems.

Full Product Details

Author:   Mauro Bussani ,  Anthony J. Sebok
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Edition:   2nd edition
ISBN:  

9781789905977

ISBN 10:   1789905974
Pages:   584
Publication Date:   19 February 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: Preface to the Second Edition ix 1 Introduction to comparative tort law: global perspectives 1 Mauro Bussani and Anthony J. Sebok PART I THE OVERALL SETTINGS 2 The many cultures of tort liability 9 Mauro Bussani and Marta Infantino 3 Tort law and conflict of laws 35 Symeon C. Symeonides 4 Compensation at the intersection of tort law and international human rights law 63 Giovanna Gilleri 5 Tort and crime 84 Matthew Dyson 6 Liability rules: an economic taxonomy 112 Giuseppe Dari-Mattiacci and Francesco Parisi 7 Tort law and insurance 133 Ina Ebert 8 Alternative compensation schemes from a comparative perspective 140 Daniel Jutras PART II GENERAL ISSUES 9 The architecture of the common and civil law of torts: an historical survey 160 James Gordley 10 The bounds between negligence and strict liability 186 Franz Werro and Erdem Bu yu ksagis 11 Professional liability 214 Ewoud Hondius 12 Product liability 236 Mathias Reimann 13 Causation theories and causation rules 264 Marta Infantino 14 A comparative-law sketch of pure economic loss 284 Vernon Valentine Palmer 15 Tort damages for non-economic losses: personal injury 305 Stephen D. Sugarman 16 Tort damages for non-economic losses: methodological approaches for comparative analysis served by new technologies 336 Denise Amram and Giovanni Comande PART III BEYOND THE LOOKING GLASS 17 Basics of Russian tort law 355 Alexander Yagelnitskiy 18 Tort law in Japan 373 Emi Matsumoto 19 Chinese tort law: tradition, transplants and some difficulties 397 Hao Jiang 20 Tort law in India 427 Manjeri Subin Sunder Raj, Ujal Kumar Mookherjee and Aman Deep Borthakur 21 The customary law of tort in sub-Saharan Africa 443 Dominic Npoanlari Dagbanja 22 Islamic tort law 469 Abdul Basir bin Mohamad 23 Tort law in Hispanic America 517 Marco de Morpurgo and Daniel Penailillo Arevalo 24 Tort law in Brazil 539 Umberto Celli Jr Index

Reviews

‘Many readers could benefit from consulting this book as an introductory text, or having it on-hand as a ready reference guide on comparative tort law concepts. This book will be a useful primer for a variety of readers, including practitioners who are looking for an introduction to comparative tort law and researchers who are interested in thinking about tort law’s philosophical and global concepts.’ -- Anna Price, International Journal of Legal Information 'Some of the most debated and difficult topics in comparative tort law are examined by authors who are not only outstanding comparative tort lawyers but also leading experts in these specific areas. The analysis of civil liability in unfamiliar legal systems helps to overcome the classical approach centred on common law and the three or four main European continental legal systems, and contributes to rounding off the breath of fresh air that the work provides in this field.' -- Miquel Martin Casals, University of Girona, Spain

'Some of the most debated and difficult topics in comparative tort law are examined by authors who are not only outstanding comparative tort lawyers but also leading experts in these specific areas. The analysis of civil liability in unfamiliar legal systems helps to overcome the classical approach centred on common law and the three or four main European continental legal systems, and contributes to rounding off the breath of fresh air that the work provides in this field.' -- Miquel Martin Casals, University of Girona, Spain

'Many readers could benefit from consulting this book as an introductory text, or having it on-hand as a ready reference guide on comparative tort law concepts. This book will be a useful primer for a variety of readers, including practitioners who are looking for an introduction to comparative tort law and researchers who are interested in thinking about tort law's philosophical and global concepts.' -- Anna Price, International Journal of Legal Information 'Some of the most debated and difficult topics in comparative tort law are examined by authors who are not only outstanding comparative tort lawyers but also leading experts in these specific areas. The analysis of civil liability in unfamiliar legal systems helps to overcome the classical approach centred on common law and the three or four main European continental legal systems, and contributes to rounding off the breath of fresh air that the work provides in this field.' -- Miquel Martin Casals, University of Girona, Spain

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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