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The sources and challenges of norm generation in tort law

Lee, M; (2018) The sources and challenges of norm generation in tort law. European Journal of Risk Regulation , 9 (1) pp. 34-47. 10.1017/err.2017.76. Green open access

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Abstract

Courts in tort cases set standards of behaviour for society, often using common-sense sounding benchmarks such as ‘reasonableness’. To do so, they need to ‘know’ things, sometimes controversial and difficult things, and are required to address multiple claims to knowledge and to attribute weight to them. Once we move into areas of high technical or scientific complexity, including risk regulation, questions are inevitably raised about the capacity and legitimacy of courts, using these general norms, to set standards.

Type: Article
Title: The sources and challenges of norm generation in tort law
Open access status: An open access version is available from UCL Discovery
DOI: 10.1017/err.2017.76
Publisher version: https://doi.org/10.1017/err.2017.76
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1566217
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