基本説明
全６巻にて2010年に刊行された資料の続編として、第７－９巻を収録。
This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically better informed.
Full Description
This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically better informed. Also available, the six-volume set containing the results of the first stage of this project.
Contents
Volume 7. The Impact of Ideas on Legal Development: 1. Introduction Michael Lobban and Julia Moses; 2. Responsibility, solidarity and state regulation in classical continental social theory Roger Cotterrell; 3. Individual and social responsibility in nineteenth-century British political thought Sandra den Otter; 4. The 'welfare state' in legal and social philosophy: origins and controversies José Harris; 5. Continental European jurisprudence, 1850-2000 John Bell; 6. English jurisprudence and tort theory Michael Lobban; 7. The left and wrongs: Marxism, law and torts Christine Sypnowich; 8. The process of codification applied to the law of delicts Jean-Louis Halpérin; 9. Codifications, commentators, and courts in tort law: the perception and application of the Civil Code and the Constitution by the German legal profession Nils Jansen; 10. The English codification debate and the role of jurists in the development of legal doctrines Alexandra Braun; 11. Regulating workplace hazards: the role of medical, scientific and technical experts in legal change P. W. J. Bartrip; 12. Expertise and the evolution of private law: the case of occupational illness in twentieth-century France Paul-André Rosental; 13. The notion of a European private law and a softer side to harmonisation Lucinda Miller. Volume 8. The Impact of Institutions and Professions on Legal Development: 1. Introduction Paul Mitchell; 2. England: the elaboration of fault liability Paul Mitchell; 3. England: compensation for occupational injury Peter Bartrip; 4. Scotland Elspeth Reid; 5. France Paula Giliker; 6. Germany Jens M. Scherpe; 7. The Netherlands Esther Engelhard and Ivo Giesen; 8. Spain I. González Pacanowska and M. García-Ripoll Montijano; 9. Sweden Mårten Schultz. Volume 9. European Legal Development: Introduction; 1. Method and theory; 2. The place of fault in 1850 and the limits of tort law; 3. Path dependency; 4. Homogeneity in legal development: products and medical liability; 5. Doctrinal diversity: roads and neighbours; 6. Conclusion: drivers of development.
