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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