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Lookup NU author(s): Dr Patrick O'Callaghan
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Recent pan-European research projects coordinated by Gert Brüggemeier and others have demonstrated the importance of focusing on the law in action as opposed to the law in books. In applying this so-called ‘bottom-up’ methodology, we see that distinctions between legal systems which may seem insignificant at first glance are in fact of central importance in resolving legal disputes. One such example is our understanding of the meaning of the term ‘remedy’ in the common law. While it is natural that lawyers will equate the term with the fundamental notion of la réparation or die Wiedergutmachung, it is essential that they remain aware of the other meanings, particularly the guise of remedy as a cause of action.
Author(s): O'Callaghan P
Editor(s): Colombi Ciacchi, A; Godt, C; Rott, P; Smith , LJ
Publication type: Book Chapter
Publication status: Published
Book Title: Haftungsrecht im neuen Millennium: Liber Amicorum Gert Brüggemeier
Year: 2008
Publisher: Nomos
Place Published: Baden-Baden
URL: http://www.nomos-shop.de/productview.aspx?product=10963
Library holdings: Search Newcastle University Library for this item
ISBN: 9783832941765