The Structure of Tort Law

Hardcover | July 14, 2017

byNils Jansen

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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, inappropriateto 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 ofoutcome 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 particularhistorical 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.

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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, inappropriateto modern times. From a theoretical perspec...

Professor Dr. Nils Jansen currently serves on the Law Faculty of the University of Munster, 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 a Lec...

other books by Nils Jansen

Format:HardcoverDimensions:550 pages, 9.69 × 6.73 × 0.98 inPublished:July 14, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198705050

ISBN - 13:9780198705055

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