Comparing Tort and Crime
Learning from across and within Legal Systems
Published on 2. July 2015
Book
Hardback
558 pages
978-1-107-08048-5 (ISBN)
Description
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.
Reviews / Votes
'Dyson provides a broad and measured study with a wealth of in-sights at all levels of abstraction. He might be thought in some respects to have led his reader through an aporetic dialogue to an unsettling appreciation of our extensive ignorance; nothing becomes as clear as the need to know more. Throughout the text, however, Dyson specifically highlights a myriad of areas for further investigation and casts clear light on where he sees that the analysis should lead next.' Andrew J. Bell, Rabels Zeitschrift fuer auslaendisches und internationales PrivatrechtMore details
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Illustrations
2 Tables, black and white; 1 Halftones, unspecified
Dimensions
Height: 235 mm
Width: 157 mm
Thickness: 34 mm
Weight
949 gr
ISBN-13
978-1-107-08048-5 (9781107080485)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
08/2015
Cambridge University Press
€121.99
Available for download
E-Book
07/2015
Cambridge University Press
€102.99
Available for download
Person
Matthew Dyson is a Fellow in Law at Trinity College, Cambridge, where he specialises in the relationship between tort and crime. He teaches tort law, criminal law, Roman law, comparative law and European legal history. He has held visiting positions at the Universities of Girona, Valencia, Sydney, Goettingen and Utrecht, and been a visitor at Harvard as well as a Visiting Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg.
Content
1. Introduction Matthew Dyson; 2. England's splendid isolation Matthew Dyson and John Randall, QC; 3. The quest for balance between tort and crime in French law Valerie Malabat and Veronique Wester-Ouisse; 4. Delictual liability and criminal accountability in German law 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 Bachmeir Winter, Carlos Gomez-Jara Diez and Albert Ruda Gonzalez; 7. Mixing and matching in Scottish delict and crime John Blackie and James Chalmers; 8. The Dutch crush on compensating crime victims Ivo Giesen, Francois Kristen and Renee 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.