The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Pressure on domestic legal systems has been further increased by transnational courts. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.
Introduction: Problem without Solution? 1. Corrective Justice in the Frame Corrective Justice Compensation: towards a tort tax? Culpability and Deterrence Taking Dicey Seriously Conclusion 2. Tort Law Abounding The Cascade effect of Globalization Accountability through Liability Responsibility and Liability Liability, Sanction, and the ECJ The Strasbourg Court and Satisfaction: Just or Unjust? Conclusions 3. Administrative Compensation: Brave New World? Identifying 'Compensation' Accident Compensation Compensation as Good Administration Damages, Human Rights, and Compensation Towards a General Principle? General Conclusion: Collective Consumption Reinstated Annex: State Liability and French Administrative Law
Carol Harlowis Emeritus Professor of Law at the London School of Economics and Political Science.
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