Ⅰ.Introduction The following contribution analyses the role comparative law may play in the decision making process of judges when dealing with topical legal issues.The example chosen to illustrate the role of compar...Ⅰ.Introduction The following contribution analyses the role comparative law may play in the decision making process of judges when dealing with topical legal issues.The example chosen to illustrate the role of comparative law is the current (almost worldwide) discussion of a fair scope of medical negligence in cases of uncertain causation.The purpose of this paper is not to suggest a solution to the problem of uncertain causation in medical malpractice cases or in other cases of professional negligence,such as cases of lawyer's liability.This has already been tried on other occasions①.The purpose is,on the contrary,to discuss the use courts may make of the comparative method when addressing topical legal issues and to highlight some of the benefits that may be derived from using this method.展开更多
文摘Ⅰ.Introduction The following contribution analyses the role comparative law may play in the decision making process of judges when dealing with topical legal issues.The example chosen to illustrate the role of comparative law is the current (almost worldwide) discussion of a fair scope of medical negligence in cases of uncertain causation.The purpose of this paper is not to suggest a solution to the problem of uncertain causation in medical malpractice cases or in other cases of professional negligence,such as cases of lawyer's liability.This has already been tried on other occasions①.The purpose is,on the contrary,to discuss the use courts may make of the comparative method when addressing topical legal issues and to highlight some of the benefits that may be derived from using this method.
