Benefits of Comparative Tort Reasoning: Lost in Translation

Jane Stapleton

doi:10.1093/acprof:oso/9780199566181.003.0049

Benefits of Comparative Tort Reasoning: Lost in Translation

Jane Stapleton^*

^*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

7 Citations (Scopus)

Abstract

This chapter argues that the noble cause of comparative law as an intellectual activity is undermined by those who focus on its forensic utility. It examines the practical value to practitioners and judges in the court of final appeal in an English-speaking jurisdiction of paying attention to how tort issues are analysed in a different jurisdiction when the subject-matter of the domestic case at hand does not positively require it.

Original language	English
Title of host publication	Tom Bingham and the Transformation of the Law
Subtitle of host publication	A Liber Amicorum
Publisher	Oxford University Press
ISBN (Electronic)	9780191705458
ISBN (Print)	9780199566181
DOIs	https://doi.org/10.1093/acprof:oso/9780199566181.003.0049
Publication status	Published - 1 Sept 2009

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10.1093/acprof:oso/9780199566181.003.0049

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abstract = "This chapter argues that the noble cause of comparative law as an intellectual activity is undermined by those who focus on its forensic utility. It examines the practical value to practitioners and judges in the court of final appeal in an English-speaking jurisdiction of paying attention to how tort issues are analysed in a different jurisdiction when the subject-matter of the domestic case at hand does not positively require it.",

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AB - This chapter argues that the noble cause of comparative law as an intellectual activity is undermined by those who focus on its forensic utility. It examines the practical value to practitioners and judges in the court of final appeal in an English-speaking jurisdiction of paying attention to how tort issues are analysed in a different jurisdiction when the subject-matter of the domestic case at hand does not positively require it.

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KW - Jurisdiction

KW - Language barriers

KW - Tort law

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BT - Tom Bingham and the Transformation of the Law

PB - Oxford University Press

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Benefits of Comparative Tort Reasoning: Lost in Translation

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