Basil Markesinis

Judicial Style and Judicial Reasoning in England and Germany

The author finds the English judicial style and technique more informative than the German and argues that German jurists, be they academic or practitioners, would derive some benefit by studying how the English judges craft their judgments. However, English judges would stand to benefit by looking at German substantive law and its techniques of keeping litigation under control.

Compensation for personal injury in English, German and Italian law : a comparative outline

Foreword Table of cases Abbreviations Preface 1. Introduction 2. General damages: non pecuniary losses 3. Special damages: past losses 4. Future pecuniary losses 5. Collateral sources of revenue: subrogation rights and miscellaneous matters 6. Comparative conclusions Appendix 1. Comparative tables.

Cause and Consideration: A Study in Parallel

Students interested in the concepts of cause and consideration must, surely, have been struck by two things. The first is the extraordinary tenacity which has enabled these concepts to survive the attacks of eloquent critics who have doubted their utility. The second is their equally remarkable ability to accommodate the most divergent comparative theories. For the study of the two notions has led some to argue that they are, in reality, the same; others to insist that they are totally different; while yet another school of thought could be taken to doubt whether there is “any point in comparing cause and consideration, even to contrast the two.” The study of the legal systems of many countries—notably of the systems of West Germany, and Switzerland—reveals that there can be built a theory of contract which ignores the concepts of cause (as the French understand it) or consideration (as the Common lawyers have come to apply it over the years).

The Royal Prerogative Re-Visited

Of the two most often-quoted definitions of the royal prerogative, Diceys definition as “the residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown,” has often received the express or implied approval of the courts. Thus, besides the weight of the authority of its great author, the above definition also enjoys the privilege of official and almost universal recognition and acceptance. It was therefore with great diffidence that the present writer decided to “re-visit the prerogative” and examine it critically. Yet, he has done so in the belief that the passage of time is bound to have had some effect on a definition which is nearly ninety years old and which, when first published, naturally reflected the nineteenth-century theory on this subject.

Compensation for Personal Injury in English, German and Italian Law: Future pecuniary losses

Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.

FOREIGN LAW INSPIRING NATIONAL LAW. LESSONS FROM GREATOREX V. GREATOREX

The author focuses on the voluntary use by judge or counsel of foreign law and foreign legal ideas as a means of shaping national law when this is unclear, contradictory, or otherwise in need of reform, as distinct from the formal presentatin of foreign law through expert witnesses where such law has to be applied. The number of instances in which this kind of borrowing may happen must, of necessity, be limited. The problem is that foreign law is unlikely to come in a simple form, attractively packaged; and language is a major problem in judicial attempts to be inspired by a foreign idea if not to transplant the actual solution. This has led the author to advocate a more co-ordinated use of the different talents that judges, practitioners, and academics bring to the process of creating and interpreting law and to assist the process by provision, in the English language, of easily accessible accounts of relevant foreign material. The approach finds an excellent practical illustration in the judgment of the High Court in Greatorex v. Greatorex.

Compensation for Personal Injury in English, German and Italian Law: Table of cases

Foreword Table of cases Abbreviations Preface 1. Introduction 2. General damages: non pecuniary losses 3. Special damages: past losses 4. Future pecuniary losses 5. Collateral sources of revenue: subrogation rights and miscellaneous matters 6. Comparative conclusions Appendix 1. Comparative tables.

Compensation for Personal Injury in English, German and Italian Law: Contents

Foreword Table of cases Abbreviations Preface 1. Introduction 2. General damages: non pecuniary losses 3. Special damages: past losses 4. Future pecuniary losses 5. Collateral sources of revenue: subrogation rights and miscellaneous matters 6. Comparative conclusions Appendix 1. Comparative tables.