Torts and Rights

Author: Robert Stevens
Publisher: Oxford University Press
ISBN: 9780199563845
Published In: February 2009
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

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Devises an entirely new theory which reconceives the law of torts
Comparative analysis of primary materials from all the major common law legal systems
Covers a central area of practice and study for all lawyers
The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law.

Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.

Readership: Academics, scholars, and students in the fields of comparative law and torts, and legal theory.

Contents:: 1. Introduction; 2. Rights; 3. Loss; 4. Remedies; 5. Fault; 6. Remoteness; 7. Causation; 8. Privity; 9. Concurrent Liability; 10. Attribution; 11. Accessories; 12. Public Bodies; 13. Policy; 14. Classification; 15. Comparison; 16. Conclusion

Robert Stevens, Professor of Commercial Law, University College London, Barrister, and formerly Lecturer at the University of Oxford, and Fellow of Lady Margaret Hall

"It may not be the text for a practitioner who looks for his law to be pre-processed in such a way that with a minimum amount of warming up and nothing in the way of elaboration it can be served up to the bench and found palatable, but for those who prefer to sharpen their presentations with fresh material and the spice of controversy, this is a book which should be on the shelf and kept within easy reach." - Philip H. Brodie, Edininburgh Law Review 13 (2009) 534.

Review(s) from previous edition

"'A valuable contribution to the subject.' - Lord Hoffmann, from the Foreword

"Torts and Rights is full of stimulating and provocative analysis and argument, both descriptive and normative. It deserves a large and wide audience." - Peter Cane, Modern Law Review

"In Torts and Rights, Stevens has taken the claim of rights-based theorists one step further and in a far-ranging tour de force shows how most of the well-recognised torts can be understood from this perspective." - JW Neyers, King's Law Journal

"Whilst Stevens' audience may not find themselves in agreement with all of his conclusions, few will be able to deny the coherence of his presentation or the clarity of his reasoning. Its impact on the law of torts is bound to be significant; tort lawyers, you have been warned." - Sarah Green, Cambridge Law Journal

"Packed with a host of valuable insights." - John Murphy, Oxford Journal of Legal Studies

"A much clearer and rational analysis of the structure of tort law." - Simon Douglas, Law Quarterly Review

"This intelligent and ambitious book is going to influence deeply future discourse."

"It may not be the text for a practitioner who looks for his law to be pre-processed in such a way that with a minimum amount of warming up and nothing in the way of elaboration it can be served up to the bench and found palatable, but for those who prefer to sharpen their presentations with fresh material and the spice controversy, this is a book which should be on the shelf and kept within easy reach." - Edinburgh Law Review