Book contents
- Explaining Tort and Crime
- Explaining Tort and Crime
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Legislation
- Part I Setting the Scene: Introduction and Methods for Explaining
- Part II Mental States and Careless Acts: The Development of Fault Doctrine in Crime and Tort
- 3 Fault Doctrines in Criminal Law
- 4 Fault Doctrines in Tort Law
- 5 Explaining the Criminal and Tortious Developments in Fault Doctrine
- Part III Procedures Interfacing Tort and Crime
- Part IV Conclusions
- Index
5 - Explaining the Criminal and Tortious Developments in Fault Doctrine
from Part II - Mental States and Careless Acts: The Development of Fault Doctrine in Crime and Tort
Published online by Cambridge University Press: 07 July 2022
- Explaining Tort and Crime
- Explaining Tort and Crime
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Legislation
- Part I Setting the Scene: Introduction and Methods for Explaining
- Part II Mental States and Careless Acts: The Development of Fault Doctrine in Crime and Tort
- 3 Fault Doctrines in Criminal Law
- 4 Fault Doctrines in Tort Law
- 5 Explaining the Criminal and Tortious Developments in Fault Doctrine
- Part III Procedures Interfacing Tort and Crime
- Part IV Conclusions
- Index
Summary
This chapter draws together explanations for some of the key developments of fault doctrine in tort and crime described in the preceding two chapters. The first step is to give what explanations are possible for the English development of fault across the domains of tort and crime. Then we turn to comparative materials to confirm, calibrate or, if necessary, reject those explanations. The comparator legal systems are France and Spain, the core comparators throughout the book, alongside narrower references to the USA and Australia.
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- Information
- Explaining Tort and CrimeLegal Development Across Laws and Legal Systems, 1850–2020, pp. 220 - 296Publisher: Cambridge University PressPrint publication year: 2022