The Structure of Tort Law

Auteur
Professor Dr. Nils Jansen currently serves on the Law Faculty of the University of Münster, Germany. He holds the Chair for Roman Law, Legal History, German and European Private Law, and is member of the board of the Cluster of Excellence Religion and Politics in the Cultures of Pre-Modernity and Modernity. Dr. Sandy Steel is an Associate Professor at the University of Oxford. His BA and PhD are from the University of Cambridge. His research interests are in the law of obligations, primarily tort law, and private law theory. His monograph on proof of causation in tort law will be published in 2014 by Cambridge University Press.

Texte du rabat

The first English translation of a classic of German tort theory, this book analyses the theoretical foundations of tort law in historical and comparative perspective. Focusing on the tensions in modern German tort law, the book explains the historical development of tortious liability, and argues for a foundational role of outcome responsibility.

Contenu

• Introduction - The Aim of the Inquiry

• Part I: A Theoretical Framework

• 1.: Tort Law Norms

• 2.: The Structure of Normative Reasoning in Tort Law

• 3.: The Effect of Tort Liability upon Behaviour

• Part II: A Step Back...

• 4.: Delictual Liability in Roman Law

• 5.: Sanction and Duty, Individual Rights, and Compensation: On the Rebirth of Roman Law of Delict in Natural Law Discussions

• 6.: Steps towards a Modern Tort Law

• Part III: Doctrinal Foundations

• 7.: Injurious Conduct

• 8.: Violation of a Right, Economic Loss, and Compensation

• 9.: The Structure of Tort Law