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Street-Level Tort Law: The Bureaucratic Justice of Liability Decision-Making

Halliday, Simon, Ilan, Jonathan, Scott, Colin (2012) Street-Level Tort Law: The Bureaucratic Justice of Liability Decision-Making. Modern Law Review, 75 (3). pp. 347-367. ISSN 0026-7961. (doi:10.1111/j.1468-2230.2012.00904.x) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://dx.doi.org/10.1111/j.1468-2230.2012.00904.x

Abstract

Most legal scholarship on tort focuses primarily on judicial decisions, but this represents only a limited aspect of tortious liability. The vast majority of decisions concerning tortious liability are made by bureaucrats. Unavoidably then, there are two tiers of justice in tort law. This article focuses on the lower tier – bureaucratic decision-making – arguing that the justice of bureaucratic decisions on tort should be considered on its own terms and not by judicial standards. We develop the notion of bureaucratic justice, applying a normative framework originally set out in relation to public administration. This enables an evaluation of the strengths and weaknesses of different ways of bureaucratically determining liability claims in tort. The regimes discussed concern the liability of public authorities, but decision makers comprise both state and non-state actors and the bureaucratic justice framework is, in principle, applicable to understand and evaluate the liability of both public and private actors.

Item Type: Article
DOI/Identification number: 10.1111/j.1468-2230.2012.00904.x
Uncontrolled keywords: Tort;negligence;insurance;bureaucratic justice; public authorities
Subjects: H Social Sciences
K Law
Divisions: Faculties > Social Sciences > School of Social Policy Sociology and Social Research
Depositing User: Mita Mondal
Date Deposited: 28 Jun 2013 11:29 UTC
Last Modified: 29 May 2019 10:20 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/34446 (The current URI for this page, for reference purposes)
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