From: Jason W
Neyers <jneyers@uwo.ca>
Sent: Wednesday
15 January 2025 15:49
To: obligations
Subject: ODG:
Uncertainty in Comparative Law and Legal History: Known Unknowns
Dear
Colleagues:
Congratulations
go out to ODGers Andrew Bell and Joanna McCunn on the publication of their
edited collection Uncertainty in Comparative Law and Legal History: Known
Unknowns with Routledge: https://www.routledge.com/Uncertainty-in-Comparative-Law-and-Legal-History-Known-Unknowns/Bell-McCunn/p/book/9781032873756.
From the
description:
Laws are imposed on facts. But what is the law
to do when its rules for establishing facts do not because they cannot produce
a satisfactory answer? Scenarios that raise this intractable uncertainty
problem have been treated as isolated concerns, but are in fact endemic across
legal systems. They can cross jurisdictional and doctrinal boundaries, have
recurred throughout history, and demand creative thinking from those faced with
them. This book explores the law's understandings of and responses to such situations
from a comparative historical perspective. It investigates how the law has
framed these most difficult problems of uncertainty; dealt with uncertainty's
often unclear boundaries; and developed a broad range of different responses to
solve or avoid it, across doctrine, time, and jurisdiction. The work examines a
selection of key uncertainty problems across private law as elements of a
singular uncertainty issue endemic in legal systems. This analysis will be of
interest to historians and comparatists, but also to doctrinal, theoretical,
and other scholars and practitioners. The analysis leaves us better informed
and better equipped for dealing with future scenarios where uncertainty arises,
including insights beyond national and doctrinal confines.
Here is the
table of contents:
1. Known unknowns: uncharted waters Andrew
J. Bell and Joanna McCunn
PART 1: Life and death
2. In the beginning : dealing with unknowns
at the start of life Gwen Seabourne
3. Commorientes: deaths, disasters,
disappearances Andrew J. Bell
4. The subtle conclusion: epistemic uncertainty
and law at the end of life C.P. McGrath
PART 2: Causation and loss
5. Causal uncertainty in tort law: the special
case of mesothelioma Ken Oliphant
6. Known unknowns: loss of a chance and
intractable connections Samantha Schnobel and Judith Skillen
7. Quantifying or avoiding the unknown? Damages
for future lost earnings in tortious personal injury cases David
Messner-Kreuzbauer
PART 3: Meanings and intentions
8. Contractual interpretation and ad hominem
rules of construction Joanna McCunn
9. Unmixing intangible assets Benjamin
Douglas and Lorenzo Maniscalco
PART 4: Broader perspectives on law and
uncertainty
10. A spectrum of uncertainty Matthew Dyson
11. Known unknowns in Roman law: the second
chapter of the lex Aquilia David Ibbetson
PART 5: Conclusions
12. Known unknowns: tracing a map Andrew J.
Bell and Joanna McCunn
ODGers
are also collegially invited to a (hybrid) book launch on Thursday 13 February (details here).
Happy
Reading,
Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)
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