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The Development and Making of Legal Doctrine: Volume 6 Nils Jansen (Westfalische Wilhelms-Universitat Munster, Germany)

The Development and Making of Legal Doctrine: Volume 6 By Nils Jansen (Westfalische Wilhelms-Universitat Munster, Germany)

The Development and Making of Legal Doctrine: Volume 6 by Nils Jansen (Westfalische Wilhelms-Universitat Munster, Germany)


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Summary

This description and comparative analysis of the development of tort law in Europe over the last 150 years focuses on the transformation of the Roman law of delict and the medieval law of torts into modern rules of extra-contractual liability that are entrenched in the social security and insurance systems.

The Development and Making of Legal Doctrine: Volume 6 Summary

The Development and Making of Legal Doctrine: Volume 6 by Nils Jansen (Westfalische Wilhelms-Universitat Munster, Germany)

This detailed description and comparative analysis of the development of tort law in Europe over the last 150 years is based on national reports that are structured by a basic questionnaire. The national reports are complemented with a comparative analysis of the parallel, though often diverging, developments in the different legal systems. It can clearly be seen that different groups in the legal systems, such as judges and scholars, often had diverging views on tort law that were translated into more specific doctrinal and evaluative statements. Accompanied by a general expansion of liability due to changing perceptions of the risks of accidents, the former Roman law of delict and the medieval law of torts have been transformed into modern rules of extra-contractual liability that are deeply entrenched into the social security and insurance systems.

About Nils Jansen (Westfalische Wilhelms-Universitat Munster, Germany)

Professor 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 a Principal Investigator in the Cluster of Excellence Religion and Politics in the Cultures of Pre-Modernity and Modernity. Since April 2005, Professor Jansen has been consulting the Chinese Government with regard to a codification of tort law.

Table of Contents

1. The development of legal doctrine in Europe: extracontractual liability for fault Nils Jansen; 2. The tort of negligence in England David Ibbetson; 3. French doctrinal writing Jean-Louis Halperin; 4. Developing legal doctrine: fault in the German law of delict Nils Jansen; 5. Fault in legal doctrine in the Netherlands Antoine Hol; 6. Liability for fault in Italian law: the development of legal doctrine from 1865 to the end of the twentieth century Michele Graziadei; 7. The development of legal doctrine on fault in Spanish tort law Miquel Martin-Casals and Albert Ruda; 8. Scandinavian exceptionalism: the development of modern Swedish tort law Kjell A Modeer.

Additional information

NLS9781107475793
9781107475793
1107475791
The Development and Making of Legal Doctrine: Volume 6 by Nils Jansen (Westfalische Wilhelms-Universitat Munster, Germany)
New
Paperback
Cambridge University Press
2014-07-31
254
N/A
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