Peter Cane

P. S. Atiyah

The definitive text on personal injury law, now updated to take into account recent significant changes in the law.

Atiyah's Accidents, Compensation and the Law

One of the most significant constitutional developments of the past century has been the creation and proliferation of Ò'administrative tribunals' the main function of which is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a task also performed by courts in 'judicial review' proceedings and appeals. Tribunals in aggregate adjudicate many more such disputes than courts, but have received relatively little scholarly attention. This book compares tribunals in Australia, the UK and the US. It offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments.Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.

Administrative Tribunals and Adjudication

Accessible yet theoretically stimulating analysis which depicts tort law as a system of ethical rules and principles of personal responsibility.

The Anatomy of Tort Law

Francis A. Trindade

This revised edition provides an up-to-date and comprehensive account of the Australian law of torts. It presents the law of torts from an Australian perspective, without neglecting to examine its British roots. It includes a discussion of the latest in product liability, negligence, and malicious prosecution and abuse of process. The book also explores economic torts and recent changes in litigation. Clearly written, this work will interest the student and professional involved in international law.

The Law of Torts in Australia

Kristen Rundle

Leighton McDonald

Principles of Administrative Law is a comprehensive and clear account of administrative law in Australia. It guides the reader through the complexities of the current law, paying attention to the law's historical development, its constitutional setting and institutional structure, and the patterns of governance in contemporary Australia. Drawing upon legal theory and empirical legal research, the text sets out the essentials of the subject while exploring the law's conceptual foundations and underlying principles. In this way it invites students to engage with the interpretations of the law provided and to reflect upon the extent to which the law makes a contribution to the legitimacy of government in the Australian 'administrative state'. Now in its third edition, Principles of Administrative Law is a significant contribution to the literature on Australian administrative law, and meets a real need for a concise text that offers a sophisticated treatment of this topical and important core subject. To get the most from this text, read it in conjunction with Cases for Principles of Administrative Law.

Principles of Administrative Law

Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.

This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people's behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort 'doctrine'-tort law's rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject. 'In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.' Andrew Robertson, Professor of Law, Melbourne Law School

Key Ideas in Tort Law

Mark V. Tushnet

This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

The Oxford Handbook of Legal Studies

Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.

Responsibility in Law and Morality

Herbert Kritzer

The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

The Oxford Handbook of Empirical Legal Research

Jane Stapleton

One of the most important legal scholars of his generation, Patrick Atiyah's publications cover many topics: legal theory and history, the study of legal institutions, tort law (especially personal injury compensation), and contract law. This volume of essays--written by colleagues, friends, and admirers of Atiyah--reflects the breadth of his interests. The work includes discussions of aspects and theories of contracts and torts, the role of judges and law professors, as well as an assessment of the "law in context" movement of which Atiyah was a founder.

Essays for Patrick Atiyah

Senior Research Fellow Peter Cane

Herwig C. H. Hofmann

Professor of European and Transnational Public Law Herwig C H Hofmann

Associate Professor of Law Eric C Ip

Eric C. Ip

Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth

In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

The Oxford Handbook of Comparative Administrative Law

Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.

Peter Cane

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