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Introduction

Published online by Cambridge University Press:  14 July 2022

Rónán Condon
Affiliation:
Dublin City University
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Summary

The Introduction situates the book in a broader context of tort theory. The key argument advanced is that with the rise of transnational regulation and law-making, the settled academic debates in tort theory, whether corrective justice theory or law and economics, are inadequate explanations of the social role and function of tort law today. The Introduction, then, develops an alternative theoretical framework for tort law rooted in Ladeurian systems theory, which focues on the societal role of private (tort) law. The basic argument is that it is not feasible or convincing to present tort law apart from its societal knowledge base from which it draws its models of liability. It is then argued that when tort law is understood in its societal role at a transnational and European level, new theoretical insights and models of liability can be perceived. The new model that emerges at a European level in products’ liability case law is a form of network responsibility, which focuses on the role of peripheral parties to torts, which fulfil normatively secondary roles in the society of networks. This can become a wider template for tort liability in governance networks, and this argument will be deepened in Chapter 4 using examples from value chain liability.

Type
Chapter
Information
Network Responsibility
European Tort Law and the Society of Networks
, pp. 1 - 28
Publisher: Cambridge University Press
Print publication year: 2022

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  • Introduction
  • Rónán Condon, Dublin City University
  • Book: Network Responsibility
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051972.001
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  • Introduction
  • Rónán Condon, Dublin City University
  • Book: Network Responsibility
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051972.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Rónán Condon, Dublin City University
  • Book: Network Responsibility
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051972.001
Available formats
×