Network responsibility : European tort law and the society of networks /
Rónán Condon.
Bok Engelsk 2022
| Omfang | 1 online resource (viii, 232 pages) : : digital, PDF file(s).
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| Utgave | 1st ed.
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| Opplysninger | Title from publisher's bibliographic system (viewed on 18 Jul 2022).. - Cover -- Half-title -- Title page -- Copyright information -- Contents -- Acknowledgments -- Introduction -- A Thinking in Networks -- B Breaking Academic Frames of Reference -- C Understanding Systems Theory as an Analytical 'Frame of Reference' rather than a Grand Theory -- 1 Tort Law from Individuals to Systems: Ladeur's Debt to Luhmann -- 2 Ladeur's Models of Modernity: Programmes and Paradigms -- (i) The Individual and Organisational Paradigms -- (ii) Beyond Individuals and Organisations: The Society of Networks and Its Tort Law -- 1 Tort Law and the Society of Individuals -- A Introduction -- B Re-programming the Law: The Contribution of Legal Science to an Acentric Legal Architecture -- 1 The Emergence of a Distinct and Subsidiary Tort Law: The Radiating Effect of the Will of the Parties and Winterbottom v Wright -- 2 Secondary Remodelling of Distributed 'Experience' through the Tort Standard of Care -- C How Individualised Ascription Became a Normative Model for a General Law of Tort -- 1 Private Bureaucracy: The Doctrine of Vicarious Liability -- 2 Public Bureaucracy: A Public Law of Tort -- (i) France -- (ii) England -- D Conclusion -- 2 Tort Law and the Society of Organisations -- A Introduction -- B Cognitive Rupture and Organisational Responsibility -- 1 Materialised Social Responsibility: Donoghue v Stevenson -- (i) The Duty of Care and the Organisation -- (ii) The Social Standard of Care -- C The Eclipse of the Individual: Illustrations of the Turn to Organisational Liability -- 1 Product Liability qua Organisational Liability -- 2 The Slow Emergence of 'Enterprise Risk' Liability in the Common Law: Vicarious Liability -- 3 Direct Action against the State via Negligence: The Rise of the State qua Organisation -- (i) England: From Dorset to Dutton to Anns -- (ii) France: Blanco and the Emergence of State Liability -- D Conclusion.. - 3 Currents and Counter-Currents in Contemporary Law -- A Introduction -- B Cognitivisation in EU Law: De-differentiation in Legal Discourse -- C Constitutions and Collisions: Against 'Hegemonic Programmes' or a Common Law for Europe -- D Rights Balancing before the Court: Thinking through Non-commensurable Discourses -- E Conclusion -- 4 Re-norming Tort Law: From Network Rights to Network Remedies -- A Introduction -- B The New Approach: The Emergence of Network Governance -- 1 A History of the New Approach: Building Network Governance -- 2 The PIP Imbroglio and Schmitt: Tort Law in the Spotlight -- (i) Background: Between Individual and Organisational Liability in National Law -- (ii) PIP before the CJEU: Neither Individual nor Organisational Liability -- 3 Of Bits and Pieces: The Emergence of the Cupola of Responsibility and Its Theoretical Consequences -- 4 Re-imagining Francovich State Liability -- 5 The Three-Track Liability Schemata: From Network Liability to Network Responsibility -- C Beyond a Reconstruction of EU 'State Liability'? A Model for the Value Chain? -- 1 Between Individual and Organisational Liability in Tort -- 2 Beyond Individual and Organisational Responsibility in the Value Chain: Network Governance of the Supply Chain -- D Conclusion -- Conclusion -- Index.. - The contemporary landscape of transnational political economy is dominated by networks. Public and private networks, and networks that combine public and private actors, cross borders, exert regulatory power and their activities often harm third parties. However, tort law as a traditional source of remediation for third party harms appears impotent when faced with the problem of regulating the 'society of networks'. This book, using a systems theory framework, retraces the emergence of tort law in modernity and highlights how two models of normative ascription - personal responsibility and organizational liability - have come to shape existing tort law's ambivalence towards network phenomena. This book breaks new ground by leaving behind the national law 'frame of reference', drawing on the conceptual promise of EU law to develop a concept of 'network responsibility' for a network society and lays the foundations of a tort law for the 21st century.
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| Emner | |
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| ISBN | 1-009-05197-0. - 1-009-06343-X
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