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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.
This book investigates whether the law of torts can be systematically understood as a set of secondary obligations arising from the infringement of primary rights. Robert L. Stevens, a legal scholar, utilizes a comparative analysis of English and common law jurisdictions to construct a unified theoretical model. He argues that the disparate rules of tort law are coherent when viewed through the lens of rights-based obligations, challenging traditional pedagogical approaches to the subject.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a significant contribution to the theoretical understanding of tort law. Experts often highlight the text for its provocative re-conceptualization of established legal doctrines.
Page Count:
402
Publication Date:
2007-01-01
Publisher:
OUP Oxford
ISBN-10:
0191021636
ISBN-13:
9780191021633
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