Full Description
Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Contents
1. Unravelling and organising tort and crime Matthew Dyson; 2a. Policing tort and crime with the MIB: where (in the law) does personal responsibility lie? Jenny Steele; 2b. Policing tort and crime with the MIB: where (in the law) does personal responsibility lie? Rob Merkin; 3. Tort law and criminal law in an age of austerity Nick McBride; 4. Wrongs and responsibility for wrongs in crime and tort Bob Sullivan; 5. Private rights and public wrongs Robert Stevens; 6. Torts and crimes: whose wrong is it? Antony Duff; 7. Illegality's role in the law of obligations Graham Virgo; 8. Defences in tort and in crime James Goudkamp; 9. Causation in tort and crime: unity or divergence? Sandy Steel; 10. Accessory liability in crime and tort Paul Davies; 11. Tortious liability for criminal acts John Spencer; 12. Consent and assumption of risk in tort and criminal law Ken Simons; 13. The loss of the earlier identification of crime and delict in Scotland and its consequences for delict John Blackie; 14a. Properties of the law: restoring property through crime and tort Matthew Dyson; 14b. Properties of the law: restoring property through crime and tort Sarah Green.
