Matthew Dyson

• University of Oxford

This open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal impl...

Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields. In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of...

Ernst Karner, Strict Liability – Opening Remarks ▶ Geng Lin, Introduction to Fault-Based and Strict Liability in Chinese Civil Law ▶ Guan Tao, Differences Between Fault-based and No-fault Liability and the Reasons for Them ▶ Andrew J. Bell, Fault-Based and Strict Liabilities: English Law’s Framework and Features ▶ Corinne Widmer Lüchinger, Strict L...

In honour of the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. The reasons and context for legal development in a comparative perspective embrace the law both in action and in the books, legal institutions, legal cultures, and the...

Complicity provides a perfect place from which to take steps towards a doctrinally clear and coherent criminal law. In particular, by acknowledging in the complex mass of cases a requirement that the accomplice contribute to the principal's crime. That takes effect differently in assistance and encouragement compared to procuring: (a) an accessory'...

Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault d...

Fault doctrine in tort law has been characterised by its context-sensitivity, its adaptability and its comparison with relatively narrow islands of strict liability torts. Unlike some other legal systems, English tort law does not have a general clause of liability, nor presumptive liability for conduct which caused harm and was done with fault. In...

This chapter draws together explanations for some of the key developments of fault doctrine in tort and crime described in the preceding two chapters. The first step is to give what explanations are possible for the English development of fault across the domains of tort and crime. Then we turn to comparative materials to confirm, calibrate or, if...

Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault d...

The field of Tort and Crime is in its infancy. This book’s purpose is to contribute to its coming of age. It seeks to do so by exploring, and explaining, important connections between tort and crime, and looking generally at how law changes. Criminal law and tort law have seen links across substantive concepts and doctrines, and had interfaces for...

The doctrines and roles of fault in our period tell a very complex story open to different interpretations. Fault, in this context, describes what aspect of the conduct of the defendant the criminal law used to express blame. Its paradigm form in our period was intention: some sense that the defendant had a purpose in carrying out proscribed conduc...

The relationship between tort and crime deserves serious study. The two areas of law are vital to the everyday activity of courts, lawyers and laypeople, across almost all jurisdictions. The fact patterns to be regulated by each significantly overlap, as can the names and content of the rules used to do so. Despite its practical importance and conc...

This Part brings together the threads from Parts I, II and III to explore what patterns of development we can identify, understand and compare across legal systems (Chapter 9) and concludes with some brief reflections on what we have learnt about the relationship between tort law and criminal law (Chapter 10). Part I’s methodology is a key backgrou...

This work has sought to explore four key places of overlap and potential interaction between crime and tort to better understand both the field as a whole and how and why legal systems change. It has tried to avoid normative claims bound to specific times, and particular theories about the relationship between tort and crime. It has shown that tort...

Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault d...

Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault d...

The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose diff...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

An interesting and original contribution to comparative criminal law scholarship [...] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020. The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of...

This book provides insight into modern collective judicial decision-making. Courts all over the world sit in panels of several judges, yet the processes by which these judges produce the courts' decisions differ markedly. Judges from some of the world's most notable judicial bodies, in both the civilian and the common law tradition and from supra-/...

Cambridge Core - Private International Law - Regulating Risk through Private Law - edited by Matthew Dyson

Reasoning about risk simultaneously challenges and enriches our understanding of private law. For our purposes, ‘risk-reasoning’ has meant analysing or explaining a legal phenomenon by reference to risk. Risk-reasoning might add, alter or take away from the law, but how and why does it do so? The core question this volume has examined is ‘what does...

Reasoning about risk, overtly or by implication, has long been part of English tort law, particularly within the analysis of whether the defendant was at fault. But in the last half-century, risk-reasoning has, to varying degrees, also permeated the analysis of other elements of liability, such as causation and damage. This chapter has two aims. Fi...

This book seeks to build towards an overarching conception of risk in legal theory, particularly of the linked role of risk-taking in generating liability and in liability regulating risk. Its purpose is to show what analysing and regulating in terms of risk adds to our understanding of legal phenomena. Sometimes risk-taking is a specific wrong in...

This chapter will attempt to introduce the lawyers’ construction of wrongdoing and the relationship between that view and society’s view in the period from 1800 to 1936. It will consider in turn the topics of constitutionalism and codification, the unity of criminal law, the objects of the criminal law and the punishments of the criminal law. In so...

The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academi...

CRIMINAL complicity has been dramatically changed by the combined decisions of the UK Supreme Court and the Privy Council in Jogee; Ruddock [2016] UKSC 8; [2016] UKPC 7; [2016] 2 W.L.R. 681. At least since the Accessories and Abettors Act 1861, it has been settled that a person ( S ) who has intentionally assisted or encouraged another ( P ) to com...

The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of t...

The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of t...

The fields of tort and crime have much in common in practice, particularly in how they both try to respond to wrongs and regulate future behaviour. Despite this commonality in fact, fascinating difficulties have hitherto not been resolved about how legal systems co-ordinate (or leave wild) the border between tort and crime. What is the purpose of t...

The law of secondary liability continues to trouble defendants, victims, politicians, practitioners, judges, academics and laypeople. In a recent report, the House of Commons Justice Select Committee called even more forcefully for the Government to consult on reforming the law of ‘joint enterprise’. The committee called, in particular, for a stron...

How should a civil court use a relevant conviction? Some have argued that a civil claim contesting the factual basis of a conviction should be struck out as an abuse of process unless new evidence is presented which “entirely changes the aspect of the case”. Such a high evidential requirement is wrong in principle, inconsistent with section 11 of t...

This paper demonstrates that parasitic accessorial liability (sometimes known as “joint enterprise”) is the erroneous tangent from two strands of common law jurisprudence. The original two strands are (1) liability for aiding, abetting, counselling and procuring, known here as basic accessorial liability and (2) liability for participating in a com...

What must the law be in the future and how can we make it so? Are we thinking enough about the future of law, which will almost certainly be lived differently to today? Or are we trying always to fix the present, doomed to aim for a target that has already passed? If our memory tricks us into thinking we know where we have come from, what determine...

Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leadi...

Tort and crime are woven together in England in surprising, complex and under-researched ways. Too often this pattern is ignored, or described in simple terms, such as that tort and crime are separate, or that criminal law should have priority if in conflict with tort. At other times, the pattern is too complex to be followed, too knotty to be used...

If I lose the watch my father gave me, and it is found by another, I stand more chance of getting it back through the criminal law than the civil law. This might seem strange. If the police come into possession of the watch, the normal civil course would be an action in conversion in which the judge has a discretion to restore it to me, but, remark...

Why are the civil remedies at common law which delivery up specific moveable property to another with greater right to possess so narrow in English law? Historically the equitable remedy of specific restoration returned property more easily than even the rule today; the common law remedy remains discretionary, with the claimant having to show the v...

Pace and Rogers is a new case on the mens rea for attempt, handed down on 18 February 2014. It interprets the Criminal Attempts Act 1981 (CAA 1981), s. 1(1) to require the defendant charged with an attempt to have intended every actus reus element of the intended offence. This note sets out some different interpretations of it, and what its impact...

This paper traces a key example of the overlap between tort and crime and explains the impact of how disjointed English legal thinking has been. For about 400 years English civil courts have accepted some form of pre-eminence of the criminal law where civil and serious criminal liability co-exist. This has often been described as the rule that “a t...

The interfaces between tort and crime can have a profound impact on legal reasoning and outcomes. Even though these interfaces have not received much academic attention, courts and legislators have been forced to deal with the boundary issues litigants raise. A particularly fruitful starting point for academic work is to consider how the two areas...

This paper traces one key example of the overlap between tort and crime and explains the impact of our disjointed thinking on these two areas. For about 400 years English civil courts have accepted some form of pre-eminence of the criminal law where civil and serious criminal liability co-exist. This is often referred to as the rule that “a trespas...

50 Years of the European Treaties: looking back and thinking forward. Essays in European Law. Edited by DouganMichael and CurrieSamantha. [Oxford and Portland, Oregon: Hart Publishing. 2009. xxxix and 439 pp. £35.00. ISBN 978-1-84113-832-9.] - Volume 69 Issue 3 - Matthew Dyson

This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteen...

This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteen...

PROTECTING THE PUBLIC FROM UNSAVOURY CHARACTERS - Volume 65 Issue 1 - Matthew Dyson

The Idea of Public Law. By Martin Loughlin. [Oxford: Oxford University Press. 2003. xii, 163, (Bibliography) 19 and (Index) 4 pp. Hardback £40.00. ISBN 0–19–926723–5.] - - Volume 64 Issue 2 - Matthew Dyson