Non-Fiction Books:

Judicial Reasoning in Tort Law

English and French Traditions Compared
Click to share your rating 0 ratings (0.0/5.0 average) Thanks for your vote!

Format:

Hardback
$235.99
Releases

Pre-order to reserve stock from our first shipment. Your credit card will not be charged until your order is ready to ship.

Available for pre-order now

Buy Now, Pay Later with:

4 payments of $59.00 with Afterpay Learn more

Pre-order Price Guarantee

If you pre-order an item and the price drops before the release date, you'll pay the lowest price. This happens automatically when you pre-order and pay by credit card.

If paying by PayPal, Afterpay, Zip or internet banking, and the price drops after you have paid, you can ask for the difference to be refunded.

If Mighty Ape's price changes before release, you'll pay the lowest price.

Availability

This product will be released on

Delivering to:

It should arrive:

  • 22-29 May using International Courier

Description

This book examines the practice of judicial reasoning in tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of tort law as case studies. This enables the author to present a range of methods of establishing facts, drawing inferences, using legal sources and relying on policy arguments. By closely examining selected tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability. It offers a reflection on different approaches that legal systems may adopt to the importance in the process of judicial justification of such issues as certainty and truth, common sense, consistency with previous judicial decisions and policy. The book connects the choice of approaches in judicial reasoning in tort law with its procedural and institutional context.

Author Biography:

Dorota Leczykiewicz is Associate Professor in the Faculty of Law of the University of Oxford, and a Fellow of St Peter's College, UK.
Release date Australia
May 15th, 2025
Audience
  • Professional & Vocational
Pages
264
Dimensions
156x234x20
ISBN-13
9781849462433
Product ID
22213511

Customer previews

Nobody has previewed this product yet. You could be the first!

Write a Preview

Help & options

Filed under...