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"This book celebrates the scholarship of Peter Cane, who is one of the world's leading legal scholars of the present age. The significance and scale of his contributions to learning regarding the law over the last half-century cannot be overstated. The very high standing of his work is reflected both in the extent to which other academics have engaged with it, and the regard in which it is held by the senior judiciary in several countries. In an era of increasing specialisation among lawyers, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, hi...
Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.
Tort Law beyond the forms of action : achieving the goal of the anatomy of Tort Law / Christine Beuermann -- Elements of torts / James Goudkamp -- Culpability and compensation / Sandy Steel -- Peter Cane on torts / Stephen D Sugarman -- Constitutional rights, moral judgment, and the rule of law / TRS Allan -- Participation and the duty to consult / Janet McLean -- Controlling administration : the rise of unilateral executive power in the United States / Jerry L Mashaw -- Administrative compensation : bypass or dead end? / Carol Harlow -- Tort and regulation / Donal Nolan -- Regulating relationships : the regulatory potential of Tort Law revisited / Jenny Steele -- Thinking about Doctrine in Administrative Law / Leighton McDonald -- Administrative tribunals : an essay about the legal imagination of administrative law scholars / Elizabeth Fisher -- Cane as law reformer : Götterdämerung or House of Cards? / Mark Lunney -- Philosophical and judicial thinking about moral concepts : Cane's critique of philosophical method twenty years on / Anthony J Connolly.
An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.
Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than ...
The executive branch in Western democracies has been granted a virtually impossible task: expected to 'imperially' direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament.Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, this book argues that the tension between dominance and submission in the executive branch is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' vision of constitutionalism, the executive br...
Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.
In this book, Cane aims to confront the view that morality stands to law as critical standard to conventional practice.
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research...
Administrative Law provides a sophisticated but highly accessible account of a complex area of law of great contemporary relevance and increasing importance. Written in a clear and flowing style, the text has been radically reorganized and extensively rewritten to present administrative law as a framework for public administration. After an exploration of the nature, province, and sources of administrative law as well as the concept of administrative justice, the book briefly discusses the institutional framework of public administration. The second part of the book deals with the normative framework of public administration, starting with a general discussion of administrative tasks and fun...