Subjects:

Tort Law

Contents:

Introduction: Problem without Solution?

1. Corrective Justice in the Frame

Corrective Justice

Compensation: towards a tort tax?

Culpability and Deterrence

Taking Dicey Seriously

Conclusion

2. Tort Law Abounding

The Cascade effect of Globailization

Accountability through Liability

Responsibility and Liability

Liability, Sanction, and the ECJ

The Strasbourg Court and Satisfaction: Just or Unjust?

Conclusions

3. Administrative Compensation: Brave New World?

Identifying 'Compensation'

Accident Compensation

Compensation as Good Administration

Damages, Human Rights, and Compensation

Towards a General Principle?

General Conclusion: Collective Consumption Reinstated

Annex: State Liability and French Administrative Law

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. Within domestic legal systems, there has been a considerable extension of tortious liability which is impinging on the State and its resources.

These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court of Human Rights and the European Court of Justice.

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.