Comparing tort and crime : learning from across and within legal systems / edited by Matthew Dyson.
2015
K923 .C65 2015 (Mapit)
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Details
Title
Comparing tort and crime : learning from across and within legal systems / edited by Matthew Dyson.
Added Author
Imprint
Cambridge, United Kingdom : Cambridge University Press, 2015.
Description
liv, 502 pages : illustration ; 24 cm
Formatted Contents Note
1. Introduction / Matthew Dyson
2. England's splendid isolation / Matthew Dyson and John Randall
3. The quest for balance between tort and crime in French law / Valérie Malabat and Véronique Wester-Ouisse
4. Delictual and criminal liability in Germany / Phillip Hellwege and Petra Wittig
5. Crime and tort in Sweden: theoretical distinction, practical connection / Sandra Friberg and Martin Sunnqvist
6. Blurred borders in Spanish tort and crime / Lorena Bachmaier Winter, Carlos Gómez-Jara Díez and Albert Ruda Gónzalez
7. Mixing and matching in Scottish delict and crime / John Blackie and James Chalmers
8. The Dutch crush on compensating crime victims / Ivo Giesen, François Kristen and Renée Kool
9. Australia: a land of plenty (of legislative regimes) / Kylie Burns, Arlie Loughnan, Mark Lunney and Sonya Willis
10. Tortious apples and criminal oranges / Matthew Dyson.
2. England's splendid isolation / Matthew Dyson and John Randall
3. The quest for balance between tort and crime in French law / Valérie Malabat and Véronique Wester-Ouisse
4. Delictual and criminal liability in Germany / Phillip Hellwege and Petra Wittig
5. Crime and tort in Sweden: theoretical distinction, practical connection / Sandra Friberg and Martin Sunnqvist
6. Blurred borders in Spanish tort and crime / Lorena Bachmaier Winter, Carlos Gómez-Jara Díez and Albert Ruda Gónzalez
7. Mixing and matching in Scottish delict and crime / John Blackie and James Chalmers
8. The Dutch crush on compensating crime victims / Ivo Giesen, François Kristen and Renée Kool
9. Australia: a land of plenty (of legislative regimes) / Kylie Burns, Arlie Loughnan, Mark Lunney and Sonya Willis
10. Tortious apples and criminal oranges / Matthew Dyson.
Summary
"The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of tort law and criminal law, and how do you tell the difference between them? Do criminal lawyers and civil lawyers reason and argue in the same way? Are the rules on capacity, consent, fault, causation, secondary liability or defences the same in tort as in crime? How do the rules of procedure operate for each area? Are there points of overlap? When, how and why do tort and crime interact? This volume systematically answers these and other questions for eight legal systems: England, France, Germany, Sweden, Spain, Scotland, the Netherlands and Australia"-- Provided by publisher.
"The fields of tort and crime have much in common in practice, particularly in how they try to regulate future behaviour and respond to wrongs that have already happened. However, despite this commonality in fact, fascinating questions remain about how legal systems co-ordinate, or leave wild, the border between tort and crime. What is the purpose of tort law and criminal law, and how do you tell the difference between them? Do criminal lawyers and civil lawyers reason and argue in the same way? Are the rules on capacity, consent, fault, causation, secondary liability or defences the same in tort as in crime? How do the rules of procedure operate for each area, and are there points of overlap? Can a criminal court award compensation to a victim and can a victim force a prosecution to get it? When tort and crime interact, how and why do they do so? Are there patterns in how legal systems respond to the pressures on tort and crime over time? These questions, and others like them, are what prompted this volume"-- Provided by publisher.
"The fields of tort and crime have much in common in practice, particularly in how they try to regulate future behaviour and respond to wrongs that have already happened. However, despite this commonality in fact, fascinating questions remain about how legal systems co-ordinate, or leave wild, the border between tort and crime. What is the purpose of tort law and criminal law, and how do you tell the difference between them? Do criminal lawyers and civil lawyers reason and argue in the same way? Are the rules on capacity, consent, fault, causation, secondary liability or defences the same in tort as in crime? How do the rules of procedure operate for each area, and are there points of overlap? Can a criminal court award compensation to a victim and can a victim force a prosecution to get it? When tort and crime interact, how and why do they do so? Are there patterns in how legal systems respond to the pressures on tort and crime over time? These questions, and others like them, are what prompted this volume"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
K923 .C65 2015
Language
English
ISBN
9781107080485 (hardback)
1107080487 (hardback)
1107080487 (hardback)
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