i'm just writing mine at the moment and im trying to think how i can make it sound good so they let me do it. here is what i have so far...
In the course of this research I aim to use a different perspective to look at many issues I have previously encountered in the course of my study so far. In Tort lectures this year we had a couple of lectures looking at the economics of tort, which I found particularly interesting. I would like to expand upon this initial interest and learn more about the economic aspects and views of how the law of tort functions. I feel this will be beneficial as it will enable me to challenge many opinions I have encountered before, and also have a wider understanding of the practicalities of tort law in general.
In the course of my research I will examine various theories of tort law, ranging from Aristotle’s theories of ‘corrective’ and ‘distributive’ justice, to the concept of ‘no fault’ compensation schemes, which came about from Bismark and have gathered pace throughout recent years. I will also look at the various economic reasoning behind all this, and attempt to evaluate the various approaches, and understand how economics can affect the viability of various systems. In addition to this I will look at the concept of ‘floodgates’ decisions, whether these actually have a real effect on many cases, and if so, how an economic decision can overtake one that would seem to produce justice for the persons involved- what is considered to be the function of law. This is perhaps the clearest example of economic effects having a real sway over the policy decisions of the judiciary, so it will be interesting to see what prevalence they have.
By examining all these concepts and with reference to academic opinion, such as Veljanovski’s ‘Economic Principles of Law’ I should be able to extend my current understanding of the law of tort and how it can be governed by economic decisions, and be able to evaluate it for myself, drawing my own conclusions.
Having spoken to Morten Hviid, who has given me advice on the subject I feel that this is really something which will interest me and motivate me to produce a good dissertation. There also seems to be a wealth of information on this subject, and the more I delve into this, the more I feel I will be able to establish a firm direction for my dissertation to follow.