The Place of Tort Law

This chapter describes the main features of tort law in the common law and civil law systems surveyed in the book—namely, England, the United States, France, Germany, and Italy. On the assumption that changes in civil litigation, as well as social, economic, and cultural developments are key to grasp the commonalities and differences in the ideas and architectures that underpin civil liability, the chapter delves into these jurisdictions’ social history and legal culture. The chapter also provides a concise overview of each legal system’s general tort law architecture, approach to civil liability (especially vis-à-vis contractual remedies), tort law theories and doctrines, style of reasoning, and litigation rates.