State Liability Tort Law and Beyond

Name: State Liability Tort Law and Beyond
Price: 109.51 USD
Availability: InStock
ISBN: 9780199272648

ISBN-10: 0199272646

ISBN-13: 9780199272648

Edition: 2004

Authors: Carol Harlow

List price: $105.00

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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…

Book details

List price: $105.00
Copyright year: 2004
Publisher: Oxford University Press, Incorporated
Publication date: 12/23/2004
Binding: Hardcover
Pages: 166
Size: 5.43" wide x 8.50" long x 0.59" tall
Weight: 0.726
Language: English



Introduction: Problem without Solution?



Corrective Justice in the Frame


Corrective Justice


Compensation: towards a tort tax?


Culpability and Deterrence


Taking Dicey Seriously


Conclusion



Tort Law Abounding


The Cascade effect of Globalization


Accountability through Liability


Responsibility and Liability


Liability, Sanction, and the ECJ


The Strasbourg Court and Satisfaction: Just or Unjust?


Conclusions



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