Law
Nils Jansen
Die Struktur des Haftungsrechts
Geschichte, Theorie und Dogmatik außervertraglicher Ansprüche auf Schadensersatz
[The Structure of Tort Law. History, Theory and Doctrine of Non-Contractual Claims for Compensation.]
Published in German.
Nils Jansen offers a theoretical and historical foundation aiming at a better understanding of the present tort law. He analyzes the normative structure of tort liability in terms of distributive or corrective justice and individual responsibility, asking whether the basic concepts really suit their function in actual decisions. He then reconstructs the history of the civil law of torts, showing that it evolved from the ancient Roman law of delict which originally was not related to the reparation of damage. On the basis of his historical and theoretical analysis, he concludes this work by giving a doctrinal reconstruction of tort law leading up to a restatement of the present law.