Home > Research > Publications & Outputs > Anomalies in Tort Law: A Cause for Concern?

Links

Text available via DOI:

Keywords

View graph of relations

Anomalies in Tort Law: A Cause for Concern?

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published

Standard

Anomalies in Tort Law: A Cause for Concern? / Murphy, John.
In: Modern Law Review, Vol. 86, No. 4, 31.07.2023, p. 872-899.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Harvard

APA

Vancouver

Murphy J. Anomalies in Tort Law: A Cause for Concern? Modern Law Review. 2023 Jul 31;86(4):872-899. Epub 2022 Nov 24. doi: 10.1111/1468-2230.12777

Author

Murphy, John. / Anomalies in Tort Law: A Cause for Concern?. In: Modern Law Review. 2023 ; Vol. 86, No. 4. pp. 872-899.

Bibtex

@article{4022dee5211d4b35947b9cf0cc426d0e,
title = "Anomalies in Tort Law: A Cause for Concern?",
abstract = "In case law, and in the associated academic literature, numerous judges and jurists have labelled parts of tort law {\textquoteleft}anomalies{\textquoteright}. This description – with its pejorative overtones – seemingly highlights a cause for concern about the state of the law. Yet closer analysis suggests otherwise. First, commentators mean different things when they speak of anomalies; only some of which provide genuine reasons for unease. Secondly, all but two of the aspects of tort law considered in this article that have been described as anomalous turn out to be no such thing. Finally, even those two remaining parts of tort law that have been labelled anomalies can be defended because (1) they have a great deal going for them in practical terms, and (2) the internal coherence of tort law (which they are thought to undermine) is not the unqualified good it is widely supposed to be.",
keywords = "Law",
author = "John Murphy",
year = "2023",
month = jul,
day = "31",
doi = "10.1111/1468-2230.12777",
language = "English",
volume = "86",
pages = "872--899",
journal = "Modern Law Review",
issn = "0026-7961",
publisher = "Wiley-Blackwell",
number = "4",

}

RIS

TY - JOUR

T1 - Anomalies in Tort Law: A Cause for Concern?

AU - Murphy, John

PY - 2023/7/31

Y1 - 2023/7/31

N2 - In case law, and in the associated academic literature, numerous judges and jurists have labelled parts of tort law ‘anomalies’. This description – with its pejorative overtones – seemingly highlights a cause for concern about the state of the law. Yet closer analysis suggests otherwise. First, commentators mean different things when they speak of anomalies; only some of which provide genuine reasons for unease. Secondly, all but two of the aspects of tort law considered in this article that have been described as anomalous turn out to be no such thing. Finally, even those two remaining parts of tort law that have been labelled anomalies can be defended because (1) they have a great deal going for them in practical terms, and (2) the internal coherence of tort law (which they are thought to undermine) is not the unqualified good it is widely supposed to be.

AB - In case law, and in the associated academic literature, numerous judges and jurists have labelled parts of tort law ‘anomalies’. This description – with its pejorative overtones – seemingly highlights a cause for concern about the state of the law. Yet closer analysis suggests otherwise. First, commentators mean different things when they speak of anomalies; only some of which provide genuine reasons for unease. Secondly, all but two of the aspects of tort law considered in this article that have been described as anomalous turn out to be no such thing. Finally, even those two remaining parts of tort law that have been labelled anomalies can be defended because (1) they have a great deal going for them in practical terms, and (2) the internal coherence of tort law (which they are thought to undermine) is not the unqualified good it is widely supposed to be.

KW - Law

U2 - 10.1111/1468-2230.12777

DO - 10.1111/1468-2230.12777

M3 - Journal article

VL - 86

SP - 872

EP - 899

JO - Modern Law Review

JF - Modern Law Review

SN - 0026-7961

IS - 4

ER -