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Benefits of comparative tort reasoning: lost in translation

Stapleton, Barbara Jane


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]

CollectionsANU Research Publications
Date published: 2007
Type: Journal article
Source: Journal of Tort Law
DOI: 10.2202/1932-9148.1053


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