About the Book
Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes.
This collection of essays written by tort law experts from around the world also offers a comprehensive comparative assessment of tort law rules, and consideration for the cultural contexts in which tort laws live, covering many jurisdictions that are usually neglected by mainstream debates and literature. Insightful case studies analyze specific features of selected tort systems in Europe, USA, Latin America, East Asia, and sub-Saharan Africa.
This path-breaking, though accessible book is a critical tool for students, policymakers, practitioners, scholars and academic researchers, especially tort law and comparative law specialists.
Contributors: A. Basir Bin Mohamad, M. Bussani, E. Büyüksagis, D.N. Dagbanja, G. Dari-Mattiacci, M. de Morpurgo, M. Dyson, I. Ebert, E.A. Engle, J. Gordley, H. Jiang, E. Hondius, M. Infantino, D. Jutras, E. Matsumoto, V.V. Palmer, F. Parisi, M. Reimann, A.J. Sebok, S.D. Sugarman, S.C. Symeonides, F. Werro
Table of Contents:
Contents:
1. Introduction to Comparative Tort Law: Global Perspectives
Mauro Bussani and Anthony J. Sebok
PART I GENERAL ISSUES
2. The Many Cultures of Tort Liability
Mauro Bussani and Marta Infantino
3. Tort Law and Conflict of Laws
Symeon C. Symeonides
4. Tort Law and Human Rights
Eric A. Engle
5. Tort and Crime
Matthew Dyson
6. Liability Rules: An Economic Taxonomy
Giuseppe Dari-Mattiacci and Francesco Parisi
7. Tort Law and Insurance
Ina Ebert
8. Alternative Compensation Schemes from a Comparative Perspective
Daniel Jutras
PART II THE WESTERN LAW OF TORTS
9. The Architecture of the Common and Civil Law of Torts: An Historical Survey
James Gordley
10. The Bounds Between Negligence and Strict Liability
Franz Werro and Erdem Büyüksagis
11. Professional Liability
Ewoud Hondius
12. Product Liability
Mathias Reimann
13. Causation Theories and Causation Rules
Marta Infantino
14. A Comparative-Law Sketch of Pure Economic Loss
Vernon Valentine Palmer
15. Tort Damages for Non-economic Losses: Personal Injury
Stephen D. Sugarman
PART III – NON-WESTERN PERSPECTIVES
16. Tort Law in Japan
Emi Matsumoto
17. Chinese Tort Law: Between Tradition and Transplants
Hao Jiang
18. Customary Tort Law in Sub-Saharan Africa
Dominic N. Dagbanja
19. Islamic Tort Law
Abdul Basir Bin Mohamad
20. Tort Law in Latin America
Marco de Morpurgo
Index
About the Author :
Edited by Mauro Bussani, Professor of Comparative Law, University of Trieste, Italy and Adjunct Professor, University of Macau, S.A.R. of the P.R. of China and Anthony J. Sebok, Professor, Benjamin N. Cardozo School of Law, Yeshiva University, US and Distinguished Research Professor, College of Law, Swansea University, UK
Review :
'Edward Elgar Publishing has now produced a very high quality academic contribution to Tort case studies entitled 'Comparative Tort Law'. . . The global perspectives given here by Bussani and Sebok on comparing the law of tort in different jurisdictions is one of the best now available for tort practitioners and scholars!'
'An admirably sprawling survey of tort law in its broadest sense. Some chapters offer important comparative insights into malpractice, products liability, liability for economic loss, and tort damages. Others helpfully address related topics including jurisdiction, choice of law, insurance, and the tort-crime interface. The reader is also treated to historical, economic, philosophical, and cultural analyses of tort, and to informative chapters on the operation of tort law in non-western legal systems. Entirely apt to our global era, Comparative Tort Law is an important resource and the perfect antidote to narrow, parochial conceptions of tort law's character and significance.'
