Teaching torts in the age of statutes and globalisation

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Most spheres of life are now regulated by statue and, after the recent spate of tort law 'reform', many of the fundamental principles of negligence law are now either contained in statue, or at least have been modified by the 'Civil Liability Acts'. The focus of this article is on some of the challenges posed by statue for those of us who teach torts, in particular. One such challenge is that there are now significant jurisdictional differences that did not previously exist. How does one deal with such differences, as well as the complexities and sheer volume of legislation, especially when teaching students from many different jurisdictional backgrounds in an era of globalisation of legal education? This article considers the options in teaching torts in the statutory context; in particular, it suggests a balanced approach between the two extremes of either teaching too much detailed content, or else teaching only general common law principles and largely avoiding statue and questions of statutory interpretation.
Original languageEnglish
Pages (from-to)1-11
Number of pages11
JournalTorts Law Journal
Volume18
Issue number2
Publication statusPublished - 2010

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statute
globalization
Teaching
law reform
common law
liability
legislation
act
interpretation
Law
education
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Cite this

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title = "Teaching torts in the age of statutes and globalisation",
abstract = "Most spheres of life are now regulated by statue and, after the recent spate of tort law 'reform', many of the fundamental principles of negligence law are now either contained in statue, or at least have been modified by the 'Civil Liability Acts'. The focus of this article is on some of the challenges posed by statue for those of us who teach torts, in particular. One such challenge is that there are now significant jurisdictional differences that did not previously exist. How does one deal with such differences, as well as the complexities and sheer volume of legislation, especially when teaching students from many different jurisdictional backgrounds in an era of globalisation of legal education? This article considers the options in teaching torts in the statutory context; in particular, it suggests a balanced approach between the two extremes of either teaching too much detailed content, or else teaching only general common law principles and largely avoiding statue and questions of statutory interpretation.",
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Teaching torts in the age of statutes and globalisation. / Dietrich, Joachim.

In: Torts Law Journal, Vol. 18, No. 2, 2010, p. 1-11.

Research output: Contribution to journalArticleResearchpeer-review

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