The article summarises the conclusions the author has reached in four decades of studying, wrting and practising tort law. He takes a legal realist approach and maintains that tort law is a creature of the courts. He also assumes a comparative perspective looking not at the law in the books but at law in action. He sets torts law in context with contract law, insurance, criminal law and compensation schemes as they play a role in court proceedings and in out-of-court settlements.
ZENO ZENCOVICH, V. (2023). Tort law as a legal-realist system. COMPARATIVE LAW REVIEW, 14(2), 6-16.
Tort law as a legal-realist system
vincenzo zeno zencovich
2023-01-01
Abstract
The article summarises the conclusions the author has reached in four decades of studying, wrting and practising tort law. He takes a legal realist approach and maintains that tort law is a creature of the courts. He also assumes a comparative perspective looking not at the law in the books but at law in action. He sets torts law in context with contract law, insurance, criminal law and compensation schemes as they play a role in court proceedings and in out-of-court settlements.File in questo prodotto:
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14 Comparative Law Review n.2 (2023).pdf
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