The Resource Tort law beyond the reasonable man : re-thinking tort law beyond the state, Rónán Condon

Tort law beyond the reasonable man : re-thinking tort law beyond the state, Rónán Condon

Label
Tort law beyond the reasonable man : re-thinking tort law beyond the state
Title
Tort law beyond the reasonable man
Title remainder
re-thinking tort law beyond the state
Statement of responsibility
Rónán Condon
Creator
Contributor
Subject
Language
eng
Summary
This thesis explores the evolution of tort law through the prism of three paradigms of modernity, namely, the society of individuals, organizations and networks. These models build on Karl-Heinz Ladeur’s pioneering work. Tort law developed in a society of individuals which is considered a radical break with prior methods of social organization. While the core of private law was contract law modelled on the abstract will, tort law set outer boundaries on the will but its shape was individualistic focusing on individualized conduct. In the twentieth century, with the rise of the society of organizations, tort law was reshaped towards providing remedies fit for a society of organizations. This is evident both in terms of how tort law was adapted to the private firm and the state as service-provider. We find that the concept of vertical vicarious liability fits the way in which tort law abstracted from the reasonable man per se, to embrace the organizational setting in which agents conducted their activities. Our third paradigm, that of the society of networks, is emergent. It blurs lines between private and public and, additionally, the existing normative models of liability - whether individualized or organizational - are not aligned. With the breaking of the territorial frame of the nation-state coinciding with the emergence of a society of networks we investigate whether actors, which might previously be considered 'peripheral' to a tort and, therefore, outside the organizational model of liability are, from the perspective of the horizontal sociological network, once again potential normative addressees of liability. We argue that European law de lege lata is beginning to bring such actors within its scope of application. Making sense of these developments in an overall framework of an emerging society of networks and, additionally, arguing what the stakes are, and how they may be fitted into legal, normative argument, is the task of our final chapters
Cataloging source
FIE
http://library.link/vocab/creatorName
Condon, Rónán
Date time place
Defence date: 7June 2017
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2017.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses.
  • EUI theses
http://library.link/vocab/subjectName
  • Torts
  • Liability (Law)
  • Law and economics
Label
Tort law beyond the reasonable man : re-thinking tort law beyond the state, Rónán Condon
Link
http://hdl.handle.net/1814/46671
Instantiates
Publication
Note
Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute; Professor Stefan Grundmann, European University Institute; Professor Simon F Deakin, University of Cambridge; Professor (Emeritus) Karl-Heinz Ladeur, Universität Hamburg
Bibliography note
Includes bibliographical references (p. 231-250)
Control code
FIE
Dimensions
30 cm.
Extent
250 pages
System control number
(OCoLC)1051717543
Label
Tort law beyond the reasonable man : re-thinking tort law beyond the state, Rónán Condon
Link
http://hdl.handle.net/1814/46671
Publication
Note
Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute; Professor Stefan Grundmann, European University Institute; Professor Simon F Deakin, University of Cambridge; Professor (Emeritus) Karl-Heinz Ladeur, Universität Hamburg
Bibliography note
Includes bibliographical references (p. 231-250)
Control code
FIE
Dimensions
30 cm.
Extent
250 pages
System control number
(OCoLC)1051717543

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