The Political Economy of Personal Injury Law

ebook McPherson Lecture

By Peter Cane

cover image of The Political Economy of Personal Injury Law

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This is the second volume in an annual series inaugurated by the University of Queensland's TC Beirne Law School. Inspired by the famous Hamlyn Lecture Series in England, the McPherson Lecture Series hosts a celebrated international scholar or legal expert to deliver a series of three lectures.

Professor Peter Cane from the Australian National University is one of Australia's most distinguished experts in the law of torts. He was a member of the Ipp Committee, whose controversial review of the law of negligence in 2002 led to significant legislative changes in the field of accident compensation in Australia.

In the first two of these thought-provoking lectures, Peter Cane examines the political and economic significance of personal injury law. In his final lecture, he explores the possible future role of tort law as a way of dealing with the social problem of personal injury. He questions whether tort law should provide compensation for non-monetary harm resulting from personal injury, while acknowledging that it would continue to feature as one element of a mixed regime for dealing with personal injuries comprising a range of diverse regulatory and compensatory arrangements.

According to Professor Cane, 'we should begin by acknowledging that the basic principles of tort law were developed in a world very different from our own and move onto thinking about what role tort law might appropriately play in the personal injuries system in 21st century Australia'.

The Political Economy of Personal Injury Law