State Liability: Tort Law and Beyond

Hardcover | October 7, 2004

byCarol Harlow

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The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension oftortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court ofHuman Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.

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The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension oftortious liability which is impinging on the State ...

Carol Harlow is Emeritus Professor of Law at the London School of Economics and Political Science.

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Format:HardcoverDimensions:166 pages, 8.5 × 5.43 × 0.59 inPublished:October 7, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199272646

ISBN - 13:9780199272648

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Table of Contents

Introduction: Problem without Solution?1. Corrective Justice in the FrameCorrective JusticeCompensation: towards a tort tax?Culpability and DeterrenceTaking Dicey SeriouslyConclusion2. Tort Law AboundingThe Cascade effect of GlobailizationAccountability through LiabilityResponsibility and LiabilityLiability, Sanction, and the ECJThe Strasbourg Court and Satisfaction: Just or Unjust?Conclusions3. Administrative Compensation: Brave New World?Identifying 'Compensation'Accident CompensationCompensation as Good AdministrationDamages, Human Rights, and CompensationTowards a General Principle?General Conclusion: Collective Consumption ReinstatedAnnex: State Liability and French Administrative Law