Green and Moréteau, ‘Restating Tort Law: The American and European Styles’

Abstract:
This paper compares restating tort law in the United States with a recent similar effort in Europe. The authors are affiliated with both the American Law Institute, which prepares US Restatements, and the European Group on Tort Law, which has prepared a similar product entitled Principles of European Tort Law. They compare the different institutions that have engaged in restating work, addressing their founding, history, processes, style, content, and the purposes of the documents that have been drafted. Substantive similarities and differences are explained, as well as the cross-fertilisation that occurred as a result of having several individuals who were involved in both projects. Finally, the paper contrasts the difference in the influence of American Restatements and European harmonisation efforts, explaining differences between the two environments that facilitate or impede the role of these documents in contributing to progressive law reform.

Green, Michael and Moréteau, Olivier. ‘Restating Tort Law: The American and European Styles Journal of European Tort Law‘. Journal of European Tort Law. Volume 3, Issue 3, Pages 281–307, ISSN (Online) 1868-9620, ISSN (Print) 1868-9612, DOI: 10.1515/jetl-2012-0281, November 2012. Published Online: 2012-11-14.

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