Strict liability and the aims of Tort Law
A doctrinal, comparative, and normative study of strict liability regimes.
In the law of torts (or “civil liability”), a person can be held liable in certain circumstances even if he or she cannot be said to have been at fault for the damage the victim suffered. The term of art for this form of liability is strict liability.
This PhD thesis contributes to the comparative law and legal-theoretical debates around strict liability. After comparing two jurisdictions with opposite approaches to strict liability (France and England), and placing the comparisons within a normative framework based in neo-Aristotelian moral theory, the research argues that when legal systems chose for strict liability they are not infringing on any precepts of corrective justice. Instead, by choosing strict liability over fault-based liability, legal systems implicitly opt for a different distribution of primary rights and duties, and therefore only considerations of distributive justice can justify such a choice.
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ITEM continues: Advancing cross-border cooperation and impact
ITEM enters new phase within UM Faculty of Law from 2025.
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IGIR seminar series
The IGIR seminar series will be launched after the Summer break. Our aim is to offer a nice and friendly environment for staff members and visiting researchers to present their ongoing research.
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Inaugural lecture Jan Willem van Prooijen
What drives people to embrace radical conspiracy theories, sometimes with far-reaching consequences for society? During his inaugural lecture on Friday 27 June, Prof. Dr. Jan Willem van Prooijen (radicalisation, extremism, and conspiracy thinking) will address this urgent question.
