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State LiabilityTort Law and Beyond$
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Carol Harlow

Print publication date: 2004

Print ISBN-13: 9780199272648

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199272648.001.0001

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Administrative Compensation: Brave New World?

Administrative Compensation: Brave New World?

Chapter:
(p.88) 3 Administrative Compensation: Brave New World?
Source:
State Liability
Author(s):

Carol Harlow

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199272648.003.0004

This chapter deals with administrative compensation. The lecture explores the tangled relationships between liability, damages, and compensation. It argues that the failure to distinguish clearly between compensation in the context of legal liability and in the wider context of distributive justice has done much to fuel the litigation fever which is a mark of contemporary society. The first section of this chapter explains the different types of compensation. The second section examines the accident compensation plan. The third section considers compensation as a principle of a good administration. The fourth section examines the ambiguity when a compensation principle could provide an escape route for judges with claims for damages in the course of their new human rights jurisdiction. The last section explores the move towards a general principle of compensation.

Keywords:   accident compensation, injuries, administration, damages, human rights, litigation

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