The Anatomy of Tort Law

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Written to be accessible to all readers with a basic knowledge of tort law, this text sets out a theoretical analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions - these are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book also seeks to develop an understanding of its relationship with the other areas of the law of obligations. It provides a clearer understanding of the relationship between common law and statutory torts, and illuminates the link between tort law and its functions. In doing so, the book raises important issues about the nature and uses of legal classifications and the "problem" of concurrent actions.

Reviews

...Cane is sweet reasonableness throughout . . .Cane says, and shows, that there is much to be learnt by unpacking the various torts and reorganising their elements under the headings of plaintiff's interest, defendant's conduct and what the law does about it...admirably written.. in an easy loping style...very welcome. -- Tony Weir * Cambridge Law Journal *
the book stands as a statement of an approach to the subject of tort favoured by one of the leading scholars working in the field. On these grounds alone it should be read by every serious student of the law of tort. -- Keith Stanton * Legal Studies *
This book is a valuable addition to legal scholarship. Its strength lies not in expounding the law but in presenting considered reflections about tort law and the place of that branch of the law in the overall legal landscape. -- Martin Vranken * Torts Law Journal *

Author Bio

For 20 years, Peter Cane taught law at Corpus Christi College, Oxford. Since 1997 he has been a Professor of Law in the Research School of Social Sciences at the Australian National University.