Taking disagreement seriously: Courts, legislatures and the reform of tort law

Peter Cane*

*Corresponding author for this work

Research output: Contribution to journalReview articlepeer-review

32 Citations (Scopus)

Abstract

This article explores the relevance of disagreement about values and about the functions and effects of law to debates concerning the appropriate relationship between courts and legislatures, common law and statute. Recent developments in tort law provide a context for the discussion. The argument is that in general, political processes of law-making should be preferred judicial processes.

Original languageEnglish
Pages (from-to)393-417
Number of pages25
JournalOxford Journal of Legal Studies
Volume25
Issue number3
DOIs
Publication statusPublished - Sept 2005

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