Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/13752
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dc.contributor.authorLunney, Marken
dc.date.accessioned2013-12-12T15:13:00Z-
dc.date.issued2011-
dc.identifier.citationAssimilation and Integration: Unification of Tort Law, p. 44-66en
dc.identifier.urihttps://hdl.handle.net/1959.11/13752-
dc.description.abstractThe Second International Forum on Civil Law is concerned, amongst other things, with the unification and internationalisation of tort law. Much work has been done in Europe on developing a common set of ideas that encapsulate the main elements of the tort system of European jurisdictions. 'The Principles of European Tort Law' ('the Principles') are the tangible result of this enquiry. They do not represent every detail of the tort law that operates within each of the jurisdictions covered by the Principles, but each jurisdiction can identify the main elements of their systems within the Principles. In our current gathering of international tort law scholars, the question arises as to whether further attempts, at either a regional or global level, to develop overarching principles of tort law can or should be attempted. In the international era in which we live there is clearly merit in attempting to devise a set of principles that can explain the common features of our legal systems. This may be possible as long as we remember that we are looking for high-level, relatively abstract legal principles. We should not expect to find more detailed aspects of the tort law of our legal system represented in these principles but they should, nonetheless, be recognisable as present in our own system. In the context of this Second International Forum on Civil Law, the prospect of identifying a set of principles for a 'common' tort law of south-east Asia, or some other regional area, is appealing. A more difficult question is whether any such common tort law should have regard to the tort law of Australia. Of course, Australian tort law can be of interest comparatively, in the same way that the tort law of Europe and North American is of interest. But, arguably, Australia is different. Geographically and economically, Australia is part of Asia; in particular, the economic relationship between Australia and China is one the most robust in the region. Given the very different historical and cultural influences on the development of tort law, we should not expect the detail of Australian tort law to be recognisable in other tort systems in Asia (apart from jurisdictions based on a common law system such as Singapore). But if we look for high level, abstract principles, along the lines of the Principles, we may, perhaps, recognise that the Australian system shares features of other tort law regimes in the region. Moreover, we may also recognise that there are key differences, and we can then explore the reasons for those differences. We should attempt to explain uniformity where it exists but not to create it where it does not. In this way, a comparative analysis of tort law challenges us to explain why our own tort system is the way it is. The task of this paper is to provide an outline of some of the features of Australian tort law. Only when we have an accurate understanding of how Australian tort law actually operates can we identify its main features and determine how it might be represented in a series of high level abstract principles.en
dc.languageenen
dc.publisherFudan University, Law Schoolen
dc.relation.ispartofAssimilation and Integration: Unification of Tort Lawen
dc.titleAustralian Tort Law: Unity, Fragmentation and Complexityen
dc.typeConference Publicationen
dc.relation.conferenceSecond International Forum on Civil Lawen
dc.subject.keywordsTort Lawen
local.contributor.firstnameMarken
local.subject.for2008180126 Tort Lawen
local.subject.seo2008940499 Justice and the Law not elsewhere classifieden
local.profile.schoolSchool of Lawen
local.profile.emailmlunney@une.edu.auen
local.output.categoryE2en
local.record.placeauen
local.record.institutionUniversity of New Englanden
local.identifier.epublicationsrecordune-20130222-151734en
local.date.conference16th - 17th August, 2011en
local.conference.placeShanghai, Chinaen
local.publisher.placeShanghai, Chinaen
local.format.startpage44en
local.format.endpage66en
local.title.subtitleUnity, Fragmentation and Complexityen
local.contributor.lastnameLunneyen
dc.identifier.staffune-id:mlunneyen
local.profile.orcid0000-0003-1462-5960en
local.profile.roleauthoren
local.identifier.unepublicationidune:13964en
dc.identifier.academiclevelAcademicen
local.title.maintitleAustralian Tort Lawen
local.output.categorydescriptionE2 Non-Refereed Scholarly Conference Publicationen
local.conference.detailsSecond International Forum on Civil Law, Shanghai, China, 16th - 17th August, 2011en
local.search.authorLunney, Marken
local.uneassociationUnknownen
local.year.published2011en
local.date.start2011-08-16-
local.date.end2011-08-17-
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