Comparing Tort and Crime Learning from across and within Legal Systems [Hardcover]

First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.The relationship between tort and crime is increasingly important and complex. This volume pushes our understanding of it further through detailed comparative analysis. It is the first work to chart, analyse and explain the relationship of tort and crime in England, France, Germany, Sweden, Spain, Scotland, the Netherlands and Australia.The relationship between tort and crime is increasingly important and complex. This volume pushes our understanding of it further through detailed comparative analysis. It is the first work to chart, analyse and explain the relationship of tort and crime in England, France, Germany, Sweden, Spain, Scotland, the Netherlands and Australia.The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of tort law and criminal law, and how do you tell the difference between them? Do criminal lawyers and civil lawyers reason and argue in the same way? Are the rules on capacity, consent, fault, causation, secondary liability or defences the same in tort as in crime? How do the rules of procedure operate for each area? Are there points of overlap? When, how and why do tort and crime interact? This volume systematically answers these and other questions for eight legal systems: England, France, Germany, Sweden, Spain, Scotland, the Netherlands and Australia.1. Introduction Matthew Dyson; 2. England's splendid isolation Matthew Dyson and John Randall, QC; 3. The quest for balance between tort and crime in French law Val?rie Malabat and V?ronique Wester-Ouisse; 4. Delictual liability and criminal accountability in German law Phillip Hel/