Benefits of comparative tort reasoning: lost in translation
In this article I argue that the noble cause of comparative law as an intellectual activity is undermined by those who focus on its forensic utility. Specifically, I examine 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. Part I argues that the benefits of resorting to...[Show more]
|Collections||ANU Research Publications|
|Source:||Journal of Tort Law|
|Stapleton_Benefits2007.pdf||2.99 MB||Adobe PDF|
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