State Liability: Tort Law and Beyond

by Carol Harlow

Overview

The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Pressure on domestic legal systems has been further increased by transnational courts. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.

Product Details

ISBN-13:	9780199272648
Publisher:	Oxford University Press
Publication date:	12/23/2004
Series:	Clarendon Law Lectures
Edition description:	New Edition
Pages:	168
Product dimensions:	8.50(w) x 5.50(h) x 0.50(d)

About the Author

Carol Harlow is Emeritus Professor of Law at the London School of Economics and Political Science.

Table of Contents

Introduction: Problem without Solution? 1. Corrective Justice in the FrameCorrective JusticeCompensation: towards a tort tax? Culpability and DeterrenceTaking Dicey SeriouslyConclusion2. Tort Law AboundingThe Cascade effect of GlobalizationAccountability through LiabilityResponsibility and LiabilityLiability, Sanction, and the ECJThe Strasbourg Court and Satisfaction: Just or Unjust? Conclusions3. Administrative Compensation: Brave New World? Identifying 'Compensation'Accident CompensationCompensation as Good AdministrationDamages, Human Rights, and CompensationTowards a General Principle? General Conclusion: Collective Consumption ReinstatedAnnex: State Liability and French Administrative Law