Justifying Strict Liability: A Comparative Analysis in Legal Reasoning

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Marco Cappelletti (Junior Research Fellow, Junior Research Fellow, Oxford University)

Justifying Strict Liability

A Comparative Analysis in Legal Reasoning

Marco Cappelletti (Junior Research Fellow, Junior Research Fellow, Oxford University)

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English

Oxford University Press
08 September 2022

Systems of law; Comparative law; Torts Law

The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

By: Marco Cappelletti (Junior Research Fellow Junior Research Fellow Oxford University)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 162mm, Spine: 27mm
Weight: 730g
ISBN: 9780192859860
ISBN 10: 0192859862
Pages: 384
Publication Date: 08 September 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Preface 1: General Introduction 2: Strict Liability in the Four Tort Systems 3: The Justifications for Strict Liability: A Comparative Analysis 3.1: Introduction 3.2: Risk 3.3: Accident Avoidance 3.4: Deep-Pockets 3.5: Loss-Spreading 3.6: Victim Protection 3.7: Reduction in Administrative Costs 3.8: Individual Responsibility 4: Concluding Reflections Index Bibliography

Marco Cappelletti is a Junior Research Fellow at St John's College, Oxford. He holds a D.Phil. and an M.Jur. from the University of Oxford, an LL.M. from the Harvard Law School, where he was a Fulbright Scholar, and a five-year law degree from the University of Perugia. Marco's research interests lie in comparative law and private law, with a particular focus on tort law.

Winner of Winner, 2022 Canada Prize, International Academy of Comparative Law.
Winner of Winner, 2022 Canada Prize, International Association of Comparative Law.