株式会社極東書店トップ > 商品一覧 > Causing Psychiatric and Emotional Harm : Reshaping the Boundaries of Legal Liability.
商品詳細
Causing Psychiatric and Emotional Harm : Reshaping the Boundaries of Legal Liability. 精神障害・情緒障害をもたらす-法的責任の境界の再形成
・ISBN 978-1-84113-216-7 hard GB£ 75.00
¥23,760.- (税込) ※(※)価格はご注文時の参考価格となります。
納品価格につきましては書籍の入荷時点で確定となります。
版元の原価改定、外国為替の変動等により異なる場合がございますので、予めご了承下さい。
お気に入り
★★★
電子版あり 大学・学術機関向け電子ブック(eBook)ISBN 978-1-4725-6037-7
| 著者・編者 | Teff, Harvey, |
|---|---|
| 出版社 | (Hart, UK) |
| 出版年月 | 2008 |
| ページ数 | 216 pp. |
| 言語 | ENG |
| ニュース番号 | <552-796> |
解説
Though mental harm can be profoundly disabling, the law imposes strict limits on who can recover damages for it. In the absence of physical injury, compensation is not normally available for negligently caused mental suffering, however severe, unless it constitutes a 'recognisable psychiatric illness'. Claimants whose mental trauma stems from injury caused to someone else are subject to arbitrary restrictive liability rules that dispense with established legal principles and cannot be reconciled with scientific advances. The book traces the history of civil liability for mental harm up to the present day. It is argued that the reluctance to provide redress reflects an enduring suspicion of intangible injury and undue fear of proliferating claims. The scale and legal ramifications of the Hillsborough disaster; the emergence of claims arising from work-related stress, and other new categories of claims based mainly on prior relationships between the parties, have all added to a 'floodgates fear' that has intensified due to popular perceptions of a 'compensation culture'. The book contrasts the limited scope for liability under English law with developments in several other jurisdictions. It is argued that statutory reform is needed to achieve greater legal coherence and to provide a remedy that tracks the impact and severity of harm and is not confined to psychiatric disorders. A new legal framework is offered, rooted in reasonable foreseeability of mental or emotional harm, with a liability threshold of 'moderate severity'. To allay concerns about proliferating claims, modifications to the compensatory regime for personal injury are proposed.