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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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Introduction: Problem without Solution?

Introduction: Problem without Solution?

(p.1) Introduction: Problem without Solution?
State Liability

Carol Harlow

Oxford University Press

This book deals with the legal problems of state liability and the approach to it in the common law world. This chapter signals a significant shift from aggregative to distributive values, the former emphasizing collective responsibilities and group entitlements to public goods, the latter reflecting the personalized consumer values of the modern welfare state. The lectures in this book argue for a formal agreement in which legislators, judges, policy-makers, and academics come together to fashion a new and less aggressive system of state responsibility, founded on values of community and social solidarity.

Keywords:   consumer values, state liability, distributive justice, aggregative values, welfare state

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