Jump to ContentJump to Main Navigation
The Division of WrongsA Historical Comparative Study$
Users without a subscription are not able to see the full content.

Eric Descheemaeker

Print publication date: 2009

Print ISBN-13: 9780199562794

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199562794.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

Structuring the English Law of Wrongs

Structuring the English Law of Wrongs

(p.213) 7 Structuring the English Law of Wrongs
The Division of Wrongs

Eric Descheemaeker

Oxford University Press

This chapter starts with an explanation of why such a taxonomical exercise matters; and then looks at the two main models available to structure the law of wrongs, namely a right-based model and a fault-based model. It goes on to argue that a right-based structure has become impossible in the modern law, essentially because of the rise of the wrong of negligence; and that legal scholarship has in fact begun to act upon this realisation, gradually switching its arrangement of the area, if in a piecemeal manner, from a structure loosely based on rights (or interests) to one largely based on degrees of fault.

Keywords:   taxonomy, classification, structure, rights, interests, fault, negligence, fault principle

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .