Explaining Tort and Crime: Legal Development Across Laws and Legal Systems, 1850-2020

Explaining Tort and Crime traces the development of tort and criminal law in England and other legal systems, using comparative and historical methods to identify patterns and explain procedural interfaces.

Format: Hardback
Length: 448 pages
Publication date: 21 July 2022
Publisher: Cambridge University Press

Explaining Tort and Crime is a comprehensive exploration of nearly two centuries of legal history, delving into the development of tort law and criminal law in England in comparison to other legal systems worldwide. By referencing diverse legal frameworks, the book employs innovative comparative and historical methodologies to uncover patterns of legal evolution, investigate the English law of fault doctrine across tort and crime, and chart and elucidate three crucial procedural interfaces: criminal powers to compensate, timing rules to regulate parallel actions, and convictions as evidence in subsequent civil cases. Drawing upon decades of extensive research, Matthew Dyson provides a thorough analysis of the field, unveiling discernible motifs in the law of numerous legal systems.

The book's first chapter provides a historical backdrop, tracing the evolution of tort law and criminal law in England from their early origins to the present day. It explores the influence of various legal systems, such as Roman law, common law, and continental legal traditions, on the development of English law. The chapter also highlights the role of legal scholars, judges, and politicians in shaping the legal landscape, emphasizing the interplay between political, social, and economic factors in the evolution of tort and criminal law.

In the second chapter, the book delves into the English law of fault doctrine, examining the principles and doctrines that govern liability in tort and crime. It explores the concept of negligence, intent, and strict liability, as well as the defenses available to defendants in both contexts. The chapter also discusses the development of the law of vicarious liability, which holds individuals or organizations responsible for the actions of their agents or employees.

The third chapter focuses on the procedural interfaces mentioned earlier: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. It examines the legal mechanisms that allow victims of crime to seek compensation and the rules that govern the timing of civil actions in cases involving multiple defendants or claims. The chapter also explores the use of convictions as evidence in subsequent civil cases, particularly in the context of product liability and personal injury claims.

Throughout the book, Matthew Dyson employs a rich and nuanced analysis, drawing on a wide range of legal sources and scholarly literature. He offers insightful perspectives on the historical, social, and economic factors that have influenced the development of tort and criminal law in England, as well as the broader implications of these laws for society. The book is well-organized, with clear headings, subheadings, and an extensive bibliography that provides further reading for those interested in exploring the topic in greater depth.

In conclusion, Explaining Tort and Crime is a valuable contribution to the field of legal history and comparative law. By examining the development of tort law and criminal law in England in comparison to other legal systems, the book offers a comprehensive understanding of the principles and doctrines that govern liability and compensation in these contexts. Through its innovative methodology and insightful analysis, the book provides valuable insights into the patterns of legal development and the role of legal institutions in shaping the law. Whether a legal professional, scholar, or interested reader, Explaining Tort and Crime is a must-read for anyone seeking to deepen their understanding of tort and criminal law in England and beyond.

Weight: 958g
Dimension: 158 x 236 x 36 (mm)
ISBN-13: 9781107144866