Civil Law Responses to Criminal Judgments in England and Spain

(2012) 3 Journal of European Tort Law 308

University of Cambridge Faculty of Law Research Paper No. 47/2013

39 Pages Posted: 18 Oct 2013 Last revised: 25 Oct 2013

See all articles by Matthew Dyson

Matthew Dyson

Faculty of Law and Corpus Christi College, University of Oxford

Date Written: October 1, 2013

Abstract

The interfaces between tort and crime can have a profound impact on legal reasoning and outcomes. Even though these interfaces have not received much academic attention, courts and legislators have been forced to deal with the boundary issues litigants raise. A particularly fruitful starting point for academic work is to consider how the two areas of law have developed procedural rules to coordinate their responses to a single set of events. This article examines one such example: the extent to which the civil law uses prior criminal law determinations in two European systems, namely England and Spain. England’s scarcity of theoretical approaches has underpinned a steady development of case jurisprudence; Spanish law complements this story by showing how an academically inspired legislative regime can still evolve as a result of its own internal pressures. Understanding how the civil law has developed methods to tap into the work of the criminal courts is a useful step in building a fuller picture of how tort and crime interact and what effect those interactions have in the wider world.

Keywords: tort, crime, spain, england, conviction, legal reasoning, evidence

Suggested Citation

Dyson, Matthew, Civil Law Responses to Criminal Judgments in England and Spain (October 1, 2013). (2012) 3 Journal of European Tort Law 308, University of Cambridge Faculty of Law Research Paper No. 47/2013, Available at SSRN: https://ssrn.com/abstract=2341539 or http://dx.doi.org/10.2139/ssrn.2341539

Matthew Dyson (Contact Author)

Faculty of Law and Corpus Christi College, University of Oxford ( email )

Merton Street
Oxford, OX1 4JF
United Kingdom

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