
- English
- PDF
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About this book
The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of tort law and criminal law, and how do you tell the difference between them? Do criminal lawyers and civil lawyers reason and argue in the same way? Are the rules on capacity, consent, fault, causation, secondary liability or defences the same in tort as in crime? How do the rules of procedure operate for each area? Are there points of overlap? When, how and why do tort and crime interact? This volume systematically answers these and other questions for eight legal systems: England, France, Germany, Sweden, Spain, Scotland, the Netherlands and Australia.
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Information
Table of contents
- Cover
- Half title
- Title
- Copyright
- Contents
- List of contributors
- Foreword
- Preface
- Table of cases
- Table of legislation
- 1 Introduction
- 2 England’s splendid isolation
- 3 The quest for balance between tort and crime in French law
- 4 Delictual and criminal liability in Germany
- 5 Crime and tort in Sweden: theoretical distinction, practical connection
- 6 Blurred borders in Spanish tort and crime
- 7 Mixing and matching in Scottish delict and crime
- 8 The Dutch crush on compensating crime victims
- 9 Australia: a land of plenty (of legislative regimes)
- 10 Tortious apples and criminal oranges
- Appendix: case study
- Index