Private Law Theory

ABSTRACT
This article offers a review of Common Law and Civil Law Perspectives on Tort Law and explores the contribution the book makes to an ever-growing scholarly literature on comparative tort law. It sets outs by illustrating the development of comparative tort law scholarship in the last two decades, discussing different objectives and approaches that have been adopted and goes on to illustrate the objectives and methodology that Bussani, Sebok and Infantino adopt in their book. The article examines the reviewed book in the context of the significant judicial innovations that have taken place in the theory and practice of tort law, both in civil law and common law jurisdictions, notwithstanding their different concepts of enforcement of law-judicial law making in the common law jurisdictions and the primacy of legislation in civil law jurisdictions. This article notes how civil law and common law traditions have been enriched by various initiatives that promote comparative study of law thereby leading to some degree of uniformity in private law, especially in tort law.

Tereszkiewicz, Piotr, Old And New Directions In Comparative Tort Law (March 1, 2024).