Dealing with complexity: Different approaches to explaining accessory liability

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

[Extract] It is not uncommon for different areas of law to deal with similar problems in disparate ways. Further, legal discourse in one field may not engage with discourse in another. Indeed, in an era of increasing legal specialization it is easy to remain oblivious to developments and approaches in other areas of law. An example is provided by accessory liability areas. It also remains 'undertheorised' in some areas, or replete with overly technical distinctions and complexities in others. Such different treatment of accessory liability means that any survey of accessory liability across the legal spectrum almost certainly creates a complex picture. Those complexities may be the result of many factors: different legal terminology being used to describe similar concepts, different concepts being employed to solve similar problems; and the 'accident' of historical developments. Of course, some differences in approaches within each field are undoubtedly the result of substantive differences that justify - indeed, necessitate- different legal rules and outcomes in particular contexts: the differing policy, purposes and functions of the law in context X may warrant a different law of accessories to that in context Y.
Original languageEnglish
Title of host publicationPrviate Law in the 21st Century
EditorsKit Barker, Karen Fairweather, Ross Grantham
Place of PublicationOxford
PublisherHart Publishing
Pages197-211
Number of pages15
ISBN (Electronic)978-1-50990-860-8, 978-1-50990-859-2
ISBN (Print)9781509908355
Publication statusPublished - 2017

Publication series

NameHart Studies in Private Law
Volume19

Fingerprint

liability
Law
legal factors
discourse
historical development
specialization
technical language
accident

Cite this

Dietrich, J. (2017). Dealing with complexity: Different approaches to explaining accessory liability. In K. Barker, K. Fairweather, & R. Grantham (Eds.), Prviate Law in the 21st Century (pp. 197-211). (Hart Studies in Private Law; Vol. 19). Oxford: Hart Publishing.
Dietrich, Joachim. / Dealing with complexity : Different approaches to explaining accessory liability. Prviate Law in the 21st Century. editor / Kit Barker ; Karen Fairweather ; Ross Grantham. Oxford : Hart Publishing, 2017. pp. 197-211 (Hart Studies in Private Law).
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abstract = "[Extract] It is not uncommon for different areas of law to deal with similar problems in disparate ways. Further, legal discourse in one field may not engage with discourse in another. Indeed, in an era of increasing legal specialization it is easy to remain oblivious to developments and approaches in other areas of law. An example is provided by accessory liability areas. It also remains 'undertheorised' in some areas, or replete with overly technical distinctions and complexities in others. Such different treatment of accessory liability means that any survey of accessory liability across the legal spectrum almost certainly creates a complex picture. Those complexities may be the result of many factors: different legal terminology being used to describe similar concepts, different concepts being employed to solve similar problems; and the 'accident' of historical developments. Of course, some differences in approaches within each field are undoubtedly the result of substantive differences that justify - indeed, necessitate- different legal rules and outcomes in particular contexts: the differing policy, purposes and functions of the law in context X may warrant a different law of accessories to that in context Y.",
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Dietrich, J 2017, Dealing with complexity: Different approaches to explaining accessory liability. in K Barker, K Fairweather & R Grantham (eds), Prviate Law in the 21st Century. Hart Studies in Private Law, vol. 19, Hart Publishing, Oxford, pp. 197-211.

Dealing with complexity : Different approaches to explaining accessory liability. / Dietrich, Joachim.

Prviate Law in the 21st Century. ed. / Kit Barker; Karen Fairweather; Ross Grantham. Oxford : Hart Publishing, 2017. p. 197-211 (Hart Studies in Private Law; Vol. 19).

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

TY - CHAP

T1 - Dealing with complexity

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N2 - [Extract] It is not uncommon for different areas of law to deal with similar problems in disparate ways. Further, legal discourse in one field may not engage with discourse in another. Indeed, in an era of increasing legal specialization it is easy to remain oblivious to developments and approaches in other areas of law. An example is provided by accessory liability areas. It also remains 'undertheorised' in some areas, or replete with overly technical distinctions and complexities in others. Such different treatment of accessory liability means that any survey of accessory liability across the legal spectrum almost certainly creates a complex picture. Those complexities may be the result of many factors: different legal terminology being used to describe similar concepts, different concepts being employed to solve similar problems; and the 'accident' of historical developments. Of course, some differences in approaches within each field are undoubtedly the result of substantive differences that justify - indeed, necessitate- different legal rules and outcomes in particular contexts: the differing policy, purposes and functions of the law in context X may warrant a different law of accessories to that in context Y.

AB - [Extract] It is not uncommon for different areas of law to deal with similar problems in disparate ways. Further, legal discourse in one field may not engage with discourse in another. Indeed, in an era of increasing legal specialization it is easy to remain oblivious to developments and approaches in other areas of law. An example is provided by accessory liability areas. It also remains 'undertheorised' in some areas, or replete with overly technical distinctions and complexities in others. Such different treatment of accessory liability means that any survey of accessory liability across the legal spectrum almost certainly creates a complex picture. Those complexities may be the result of many factors: different legal terminology being used to describe similar concepts, different concepts being employed to solve similar problems; and the 'accident' of historical developments. Of course, some differences in approaches within each field are undoubtedly the result of substantive differences that justify - indeed, necessitate- different legal rules and outcomes in particular contexts: the differing policy, purposes and functions of the law in context X may warrant a different law of accessories to that in context Y.

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SN - 9781509908355

T3 - Hart Studies in Private Law

SP - 197

EP - 211

BT - Prviate Law in the 21st Century

A2 - Barker, Kit

A2 - Fairweather, Karen

A2 - Grantham, Ross

PB - Hart Publishing

CY - Oxford

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Dietrich J. Dealing with complexity: Different approaches to explaining accessory liability. In Barker K, Fairweather K, Grantham R, editors, Prviate Law in the 21st Century. Oxford: Hart Publishing. 2017. p. 197-211. (Hart Studies in Private Law).