Negligence and Human Rights Law
The Case for Separate Development
Bibliographic Data
| ID | 9196744 |
|---|---|
| Authors | Donal Nolan (Worcester College, University of Oxford, corresponding author) |
| Year | 2013 |
| Volume | 76 |
| Issue | 2 |
| Pages | 286-318 |
| Publication date | 2013-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12013 |
| OpenAlex | W1871476924 |
| Language | EN |
| Citations received | 4 |
| References cited | 17 |
A number of judges and academics have argued in favour of the convergence of negligence law with human rights law. By contrast, the thesis of this article is that the two legal orders should develop independently, so that for the most part the law of negligence ought not to be affected by human rights considerations. It is argued that the case for convergence is based on two false assumptions, namely that human rights law and negligence law perform similar functions within our legal order and that the norms of human rights law are more fundamental than the norms encapsulated in negligence law. It is also argued that convergence would undermine the coherence of negligence law. Ultimately, the case for separate development rests on the desirability of recognising public law and private law as autonomous normative systems with their own distinctive rationales, concepts and core principles
Civil law (Civil law) · Common law · Comparative law · Human rights · Law and economics · Liability · Municipal law · Normative · Political science · Private law · Public law · Sociology · Sources of law · Tort · Law · Legal Issues in South Africa · Legal principles and applications · Property Rights and Legal Doctrine
| Citations per year | 0.36 |
|---|---|
| Citation span | 2015 - 2020 (6) |
| Highly cited | No |