The Europeanisation of English Tort Law by Professor Paula Giliker (English) Har

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This book has two goals: to identify how English tort law has changed as a result of Europeanisation, and to examine how such developments have impacted on traditional common law reasoning.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law.This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

Author Biography

Paula Giliker is Professor of Comparative Law at the University of Bristol, where she teaches comparative law, tort law and European private law.

Table of Contents

1. Introduction2. Understanding 'Europeanisation': Transplanting European Union and Human Rights Law into Domestic Law3. Breaking Down the Frontiers: EU Law in the English Law of Torts4. The European Tort: State Liability for Breach of European Union Law5. Tort Law and Human Rights: A European Culture of Rights?6. A Right to Personal Privacy in the English Law of Torts?7. Europeanisation and English Tort Law: The Way Forward

Review

...an ambitious and challenging piece of comparative law scholarship. -- Mathilde Groppo * King's Law Journal, Vol 25 *

Review Quote

"...an ambitious and challenging piece of comparative law scholarship." -- King's Law Journal, Vol 25

Feature

This book has two goals: to identify how English tort law has changed as a result of Europeanisation and to examine how such developments have impacted on traditional common law reasoning.

Details ISBN1849463190 Publisher Bloomsbury Publishing PLC Year 2014 ISBN-10 1849463190 ISBN-13 9781849463195 Format Hardcover Imprint Hart Publishing Place of Publication Oxford Country of Publication United Kingdom Short Title EUROPEANISATION OF ENGLISH TOR Language English Media Book DEWEY 346.4203 Pages 262 Series Hart Studies in Private Law Illustrations black & white illustrations Series Number 11 UK Release Date 2014-03-24 Publication Date 2014-03-24 NZ Release Date 2014-03-24 Author Paula Giliker Audience Professional & Vocational AU Release Date 2014-03-23 We've got this

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