Comparative Tort Law
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Comparative Tort Law

Global Perspectives

Edited by Mauro Bussani and Anthony J. Sebok

This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
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Chapter 16: Tort damages for non-economic losses: methodological approaches for comparative analysis served by new technologies

Denise Amram and Giovanni Comandé

Abstract

This chapter explores the potentialities of new technologies in investigating non-pecuniary losses compensation and in the pursuit of horizontal and vertical equality, opening new paths in comparative analysis. Authors suggest a new approach to provide case-law analysis on personal injury compensation using Machine Learning techniques. This method applying analytics to massive amounts of case-law allows the identification of variables, bias, and trends for each head of damage also in terms of meta-legal formants. The proposed approach enables the identification of factors impacting on both liability and quantum of damages addressing new challenges for fundamental rights protection analysis.

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