Prelims; Contents; Introduction The New Rights; 1 A Comparative Analysis of Tort Law; 2 The Paradigm of Efficiency; 3 Reciprocity; 4 The Paradigm of Aggression; 5 Torture as Aggression; 6 The Jurisprudence of Sosa; 7 The Liability of Accessories; 8 Concluding Theses; Appendix One; Appendix Two; Index
Summary
Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and
Bibliography
Includes bibliographical references and index
Notes
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