Description
Bloomsbury Publishing PLC Tort Law and the Legislature: Common Law Statute and the Dynamics of Legal Change by Edited by TT Arvind Edited by Jenny Steele
The study of the law of tort is generally pre-occupied by case law while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point this volume seeks to test such notions illustrating among other things the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lay behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles and democratically enacted legislative rules and policies is therefore questioned and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is not only important because of the way it varies or replaces case law but because it also deeply influences the intrinsic character of that law providing some of its most familiar characteristics.