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3 - Currents and Counter-Currents in Contemporary Law

Published online by Cambridge University Press:  14 July 2022

Rónán Condon
Affiliation:
Dublin City University
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Summary

The emerging society of networks is no longer tied to territorial differentiation. The network form causes a rupture with established models of liability (individual or organisational liability), undermines the public/private liability divide, and also their regulation, now beyond the state. This third rupture in the knowledge base of society creates profound challenges for tort law. So far, the response in tort law has largely been deferential to definitions of acceptable risk that emerge from governance networks beyond territorial borders. This is explained by the uneven de-territorialisation of functional systems (economy vs law, and politics), and in particular by the failure of tort law to develop a convincing model of ascription for network failures. The chapter has two main tasks; first, it locates these problems within EU law because it is considered an avant-garde experiment in governing a society of networks. It is claimed that its product liability law offers novel solutions to problems of risk-responsibility under conditions of uncertainty. It also deepens our understanding of tort law as a venue for providing contestory, discursive spaces when systems discourses collide.

Type
Chapter
Information
Network Responsibility
European Tort Law and the Society of Networks
, pp. 116 - 154
Publisher: Cambridge University Press
Print publication year: 2022

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