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Tom Bingham and the Transformation of the LawA Liber Amicorum$
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Mads Andenas and Duncan Fairgrieve

Print publication date: 2009

Print ISBN-13: 9780199566181

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199566181.001.0001

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Benefits of Comparative Tort Reasoning: Lost in Translation

Benefits of Comparative Tort Reasoning: Lost in Translation

Chapter:
(p.773) 7 Benefits of Comparative Tort Reasoning: Lost in Translation
Source:
Tom Bingham and the Transformation of the Law
Author(s):

Jane Stapleton

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199566181.003.0049

This chapter argues that the noble cause of comparative law as an intellectual activity is undermined by those who focus on its forensic utility. It examines the practical value to practitioners and judges in the court of final appeal in an English-speaking jurisdiction of paying attention to how tort issues are analysed in a different jurisdiction when the subject-matter of the domestic case at hand does not positively require it.

Keywords:   comparative law, tort law, jurisdiction, language barriers

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