The Structure of Tort Law by Nils Jansen, Sandy Steel - 9780198705055

The Structure of Tort LawAuthor(s): Nils Jansen, Sandy Steel\nFormat: Hardback\nPublisher: Oxford University Press, United Kingdom\nImprint: Oxford University Press\nISBN-13: 9780198705055, 978-0198705055\nSynopsis\nThis English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations.\n\nInstead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European syste.