Comparative Tort Law

Comparative Tort Law

Global Perspectives

Research Handbooks in Comparative Law series

Edited by Mauro Bussani and Anthony J. Sebok

Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories, rules and cultures. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes. The book also provides insightful case studies by analyzing specific features of selected tort systems in Europe, USA, Latin America, East Asia, and sub-Saharan Africa.

Chapter 1: Introduction to comparative tort law: Global perspectives

Mauro Bussani and Anthony J. Sebok

Subjects: law - academic, comparative law, law of obligations


A book with the title ‘Comparative Tort Law: Global Perspectives’ must be carefully explained to its readers so as to avoid certain confusions. Let us start by making clear what the book is not. Although the title might suggest otherwise, this book is not about international tort law or transnational tort law. This book has no reductive or globalizing ambitions. The purpose of the book is decidedly not to resemble a digest or an encyclopedia. A book about the tort law of the entire world would be an impossible task – the recently completed Comparative Studies in the Development of the Law of Torts in Europe published by Cambridge University Press is nine volumes and it presents only part of the tort law of one legal family, Europe. Finally, this book is not intended to summarize the vast body of scholarship that covers tort law around the globe, nor does it offer a normative tort theory rooted in the history of any one (or all) family/families of tort law. This book, which is one volume and twenty essays (including this introduction), has one specific purpose, for which, we hope, its structure is well suited. The purpose is to provide a framework for reflection and analysis about the current state of tort law and its recent developments in what has been conventionally called ‘Western’ and ‘non-Western’ tort systems.