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Article: Anomalies in Tort Law: A Cause for Concern?
Title | Anomalies in Tort Law: A Cause for Concern? |
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Authors | |
Keywords | Coherence Judges & magistrates Jurists Tort |
Issue Date | 2023 |
Publisher | Blackwell Publishing Ltd. |
Citation | Modern law review, 2023, v. 86, n. 4, p. 872-899 How to Cite? |
Abstract | In case law, and in the associated academic literature, numerous judges and jurists have labelled parts of tort law ‘anomalies’. This description – with its pejorative overtones – seemingly highlights a cause for concern about the state of the law. Yet closer analysis suggests otherwise. First, commentators mean different things when they speak of anomalies; only some of which provide genuine reasons for unease. Secondly, all but two of the aspects of tort law considered in this article that have been described as anomalous turn out to be no such thing. Finally, even those two remaining parts of tort law that have been labelled anomalies can be defended because (1) they have a great deal going for them in practical terms, and (2) the internal coherence of tort law (which they are thought to undermine) is not the unqualified good it is widely supposed to be. |
Persistent Identifier | http://hdl.handle.net/10722/328662 |
ISSN | 2023 Impact Factor: 1.5 2023 SCImago Journal Rankings: 0.267 |
DC Field | Value | Language |
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dc.contributor.author | Murphy, J | - |
dc.date.accessioned | 2023-07-05T08:49:57Z | - |
dc.date.available | 2023-07-05T08:49:57Z | - |
dc.date.issued | 2023 | - |
dc.identifier.citation | Modern law review, 2023, v. 86, n. 4, p. 872-899 | - |
dc.identifier.issn | 0026-7961 | - |
dc.identifier.uri | http://hdl.handle.net/10722/328662 | - |
dc.description.abstract | In case law, and in the associated academic literature, numerous judges and jurists have labelled parts of tort law ‘anomalies’. This description – with its pejorative overtones – seemingly highlights a cause for concern about the state of the law. Yet closer analysis suggests otherwise. First, commentators mean different things when they speak of anomalies; only some of which provide genuine reasons for unease. Secondly, all but two of the aspects of tort law considered in this article that have been described as anomalous turn out to be no such thing. Finally, even those two remaining parts of tort law that have been labelled anomalies can be defended because (1) they have a great deal going for them in practical terms, and (2) the internal coherence of tort law (which they are thought to undermine) is not the unqualified good it is widely supposed to be. | - |
dc.language | eng | - |
dc.publisher | Blackwell Publishing Ltd. | - |
dc.relation.ispartof | Modern law review | - |
dc.subject | Coherence | - |
dc.subject | Judges & magistrates | - |
dc.subject | Jurists | - |
dc.subject | Tort | - |
dc.title | Anomalies in Tort Law: A Cause for Concern? | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1111/1468-2230.12777 | - |
dc.identifier.volume | 86 | - |
dc.identifier.issue | 4 | - |
dc.identifier.spage | 872 | - |
dc.identifier.epage | 899 | - |
dc.publisher.place | Oxford | - |