The division of wrongs : a historical comparative study / Eric Descheemaeker.
2009
K923 .D47 2009 (Map It)
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Details
Author
Title
The division of wrongs : a historical comparative study / Eric Descheemaeker.
Published
Oxford ; New York : Oxford University Press, 2009.
Call Number
K923 .D47 2009
ISBN
9780199562794 (cloth)
0199562792 (cloth)
0199562792 (cloth)
Description
xxv, 300 pages : illustrations ; 24 cm
System Control No.
(OCoLC)251213132
Summary
Civilian law, in contrast to common law, structures its law of wrongs according to degree of blameworthiness. This text explores the history of this structure from Roman law to modern French law, and argues that adopting such a division would clarify confusions in the common law of torts.
Note
Originally presented as the author's thesis (doctoral)--University of Oxford.
Civilian law, in contrast to common law, structures its law of wrongs according to degree of blameworthiness. This text explores the history of this structure from Roman law to modern French law, and argues that adopting such a division would clarify confusions in the common law of torts.
Civilian law, in contrast to common law, structures its law of wrongs according to degree of blameworthiness. This text explores the history of this structure from Roman law to modern French law, and argues that adopting such a division would clarify confusions in the common law of torts.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Jaffe Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Jaffe Fund
Table of Contents
Table of Cases
Table of Legislation
Table of Roman Law Texts
1
Introduction
1
2
Wrongs and the Law of Wrongs
13
I
Roman Law
3
Delicts and 'Quasi-delicts' on the Map of Roman Law
47
4
Roman Rationale of the Civilian Distinction
69
II
Modern French Law
5
Pothier and the French Civil Code
107
6
19th and 20th Century French Law
139
III
Modern English Law
7
Structuring the English Law of Wrongs
213
8
English Law and the Civilian Division of Wrongs
249
9
Conclusion
285
Index
291