Binding: Hardcover
Description: 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.
Title: The Structure Of Tort Law
Author(s): Jansen Nils (Professor Of Civil Law And Director At The Institute Of Legal History Professor Of Civil Law And Director At The Institute Of Legal History University Of Munster)
Publisher: Oxford University Press
Barcode: 9780198705055
Pages: 576 Pages
Publication Date: 3/17/2022
Category: Torts / Delicts