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Title: Interfacing tort and crime : legal development in England and Spain since 1850
Author: Dyson, Matthew Niall
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 2009
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The thesis explores the development of the mechanisms that have regulated the relationship between tort law and criminal law. It is a historical work, tracing development from the middle of the nineteenth century through to the present day. The work is also comparative, looking at the English and Spanish legal systems. Four points of procedural contact between criminal and civil law (particularly tort law) are taken and used to build a picture of how and why the relationship between these two areas has developed. The four points are: compensation in the criminal courts, transferability of criminal court determinations, chronological precedence of the criminal prosecution and the effect of criminal liability in curtailing or prolonging civil liability. Each of these forms a chapter, with a description and analysis of the law in each country buttressed by an introduction and comparative conclusion. Finally, these chapters are brought together in a general comparative conclusion. These four chapters are examples of three conceptual ways to link the civil and criminal legal domains: functional equivalency of the two domains in the compensation and transferability chapters; priority of one domain over the other in the precedence chapter and the extent to which one domain will use the other to solve a problem in its own domain is exemplified in the chapter on criminal law curtailing or prolonging civil liability. In general English civil law developed in a piecemeal fashion, responding to specific facts within cases, until the 1960s. Spanish law, on the other hand, created a quasi-tort regime administered by the criminal courts where a crime causes damage to a victim. In both systems similar legal outcomes have often resulted despite the different legal cultures and frameworks. In both there has been a high degree of resistance to change the rules once they have been established.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available