Tort and Insurance Law Yearbook: European Tort Law 2001
![handle is hein.journals/stelblr14 and id is 310 raw text is: STELL LR 2003 2
ledged by the Constitution and not outside or in opposition to it. For
him, [W]hat can be envisaged, then, is a broad constitutional umbrella
held aloft by a strongly entrenched system of law enforcement and
constitutional protection. In this way a multiplicity of Other regulatory
regimes grow.
Sachs was not wrong in capturing the gist of this book. The editors
themselves argue for the possibility of legitimating the other law and
for the development of a culture of legitimate coexistence between state
law and the responsible versions of the other law in South Africa. What
is important, according to the editors, is the need to regulate the other
law, either by the state or by a process of self-regulation in a way that
does not present contradictions or limitations to the culture of
democracy. And they assure the reader that the chapters in this
volume provide ample information to assess what is useful and what is
not useful about the 'other law' (12).
If you are a reader interested to know about forms of law and legal
regulations that fall outside the traditional confines of state law, this
book could offer information, some of it even grounded in empirical
research. And rest assured that the discussions would take account of the
legitimacy of the state and the parameters of the constitutional order. If
you are a reader who was initially attracted by the use of the word
other, expecting a radical questioning of current state law, interested in
getting to know more about opposition to state ordering and political
dissent on a theoretical and practical level, you will be disappointed.
Karin van Marie
Professor in the Department of Legal History,
Comparative Law and Legal Philosophy
University of Pretoria
Tort and Insurance Law Yearbook: European Tort Law 2001 - edited
by HELMUT KOZIOL and BARBARA STEININGER. 2002. 571 pages.
Price EUR 89
The 2001 Yearbook on European Tort Law provides a comprehensive
overview of developments in tort law in the countries within the
European Union, and also covers developments in Switzerland, Poland,
the Czech Republic and South Africa. The report on each country
contains summaries of important court decisions, critical remarks on
those decisions, a summary of new legislation and of recently published
literature in the field of tort and insurance law. The book also contains a
number of essays on topics such as strict liability, liability insurance in
general and liability insurance in large loss scenarios in particular, and on
the significance to the insurance industry of damages for non-pecuniary
loss.](ViewImageLocal?handle=hein.journals/stelblr14&div=30&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Tort and Insurance Law Yearbook: European Tort Law 2001
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most