Orient Express Law
M. Bussani (ed.), European Tort Law. Eastern and Western Perspectives, Stämpfli-Bruylant-Ant.N.Sakkoulas-Sellier, Berne-Brussels-Athens-Münich, 2007, 1-11
9 Pages Posted: 11 Jan 2013
Date Written: October 10, 2006
Abstract
For comparativists, the ‘Europeanization’ of tort law raises a plethora of questions with no clear right or wrong answer. Is European tort law going to be molded by a common law and civil law convergence? Is there an Americanization of European tort law going on? Should comparative law be forward-looking and trying to build European tort law on new bricks, or should it be backward looking, struggling to find evidence of a common past to be restored? While it is beyond the scope of the contribution to offer a definite answer to all these questions, the paper aims to clarify a few points which are rarely discussed in the current debates on (any field of European private law, including) tort law harmonization, such as: the relationship between legal and economic integration, the importance of time, the socio-cultural reasons underlying the harmonization efforts.
Keywords: Comparative law, Tort law, Legal Harmonization, European private law
JEL Classification: K10
Suggested Citation: Suggested Citation