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State Liability Carol Harlow (Emeritus Professor of Law, London School of Economics and Political Science)

State Liability By Carol Harlow (Emeritus Professor of Law, London School of Economics and Political Science)

Summary

Features lectures that examine the compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. This book argues that this trend towards judicialization is undesirable, and that use should be made of extrajudicial remedies.

State Liability Summary

State Liability: Tort Law and Beyond by Carol Harlow (Emeritus Professor of Law, London School of Economics and Political Science)

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 of tortious 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 of Human 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.

State Liability Reviews

there is certainly much here to inform, interest and provoke. * European Tort Law *

About Carol Harlow (Emeritus Professor of Law, London School of Economics and Political Science)

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

Table of Contents

Introduction: Problem without Solution? ; 1. Corrective Justice in the Frame ; Corrective Justice ; Compensation: towards a tort tax? ; Culpability and Deterrence ; Taking Dicey Seriously ; Conclusion ; 2. Tort Law Abounding ; The Cascade effect of Globailization ; Accountability through Liability ; Responsibility and Liability ; Liability, Sanction, and the ECJ ; The Strasbourg Court and Satisfaction: Just or Unjust? ; Conclusions ; 3. Administrative Compensation: Brave New World? ; Identifying 'Compensation' ; Accident Compensation ; Compensation as Good Administration ; Damages, Human Rights, and Compensation ; Towards a General Principle? ; General Conclusion: Collective Consumption Reinstated ; Annex: State Liability and French Administrative Law

Additional information

NPB9780199272648
9780199272648
0199272646
State Liability: Tort Law and Beyond by Carol Harlow (Emeritus Professor of Law, London School of Economics and Political Science)
New
Hardback
Oxford University Press
2004-10-07
168
N/A
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