Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited

The question on the role of the law, particularly tort law, in combating legal but potentially lethal products and services is inseparable from the broader issue of the ongoing instrumentalisation of the law. Increasingly used to pursue goals other than its primary aim of compensation, tort law is n...

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Autor principal:	Pieter Gillaerts
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	tort law instrumentalisation compensatory function prevention enforcement Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/e89cdf48a47a48b2b26a525c4a0b9a1c
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spelling	oai:doaj.org-article:e89cdf48a47a48b2b26a525c4a0b9a1c2021-11-08T08:17:04ZInstrumentalisation of Tort Law: Widespread yet Fundamentally Limited1871-515X10.36633/ulr.540https://doaj.org/article/e89cdf48a47a48b2b26a525c4a0b9a1c2019-12-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/540https://doaj.org/toc/1871-515XThe question on the role of the law, particularly tort law, in combating legal but potentially lethal products and services is inseparable from the broader issue of the ongoing instrumentalisation of the law. Increasingly used to pursue goals other than its primary aim of compensation, tort law is no exception to the general trend of instrumentalisation of private law. This instrumentalisation is a dual phenomenon that has developed both out of top-down and bottom-up impulses. Although specific questions may arise for each of these two movements, they encounter a common limit. Tort law’s primary compensatory function fundamentally restricts instrumentalisation. Other functions, such as enforcement or prevention, which come to the fore in the battle against legal but potentially lethal products and services, are grafted onto this primary function and can only be pursued insofar as they are compatible with it. This relates to the tension created by pursuing public goals through tort law as an essentially private law instrument. Attention is needed not to overstretch tort law’s prerequisites, which are coherent with its private law embedding, which would turn tort law into a dangerous passe-partout.Pieter GillaertsUtrecht University School of Lawarticletort lawinstrumentalisationcompensatory functionpreventionenforcementLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 3, Pp 27-43 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	tort law instrumentalisation compensatory function prevention enforcement Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	tort law instrumentalisation compensatory function prevention enforcement Law in general. Comparative and uniform law. Jurisprudence K1-7720 Pieter Gillaerts Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited
description	The question on the role of the law, particularly tort law, in combating legal but potentially lethal products and services is inseparable from the broader issue of the ongoing instrumentalisation of the law. Increasingly used to pursue goals other than its primary aim of compensation, tort law is no exception to the general trend of instrumentalisation of private law. This instrumentalisation is a dual phenomenon that has developed both out of top-down and bottom-up impulses. Although specific questions may arise for each of these two movements, they encounter a common limit. Tort law’s primary compensatory function fundamentally restricts instrumentalisation. Other functions, such as enforcement or prevention, which come to the fore in the battle against legal but potentially lethal products and services, are grafted onto this primary function and can only be pursued insofar as they are compatible with it. This relates to the tension created by pursuing public goals through tort law as an essentially private law instrument. Attention is needed not to overstretch tort law’s prerequisites, which are coherent with its private law embedding, which would turn tort law into a dangerous passe-partout.
format	article
author	Pieter Gillaerts
author_facet	Pieter Gillaerts
author_sort	Pieter Gillaerts
title	Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited
title_short	Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited
title_full	Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited
title_fullStr	Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited
title_full_unstemmed	Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited
title_sort	instrumentalisation of tort law: widespread yet fundamentally limited
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/e89cdf48a47a48b2b26a525c4a0b9a1c
work_keys_str_mv	AT pietergillaerts instrumentalisationoftortlawwidespreadyetfundamentallylimited
_version_	1718442862774845440

Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited

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