Publication Date
1-1-2019
Document Type
Article
Organizational Units
Sturm College of Law
Keywords
Comparative studies, US legal system, Negligence, Punitive damages, Loss distribution, Deterrence
Abstract
In recent decades, legal comparative studies in Iran have increased drastically. The US tort law has fascinated many Iranian scholars and jurists. Yet, many of the comparative studies lack the necessary elements of a high-quality legal research. Different factors attribute to this problem. Among these factors are lack of in depth knowledge of the US legal system, incorrect translation of legal texts, incorrect citations and lack of access to resources. Furthermore, understanding the ways we can incorporate the US based tort law theories in Iran should be accompanied with the understanding of Iran’s socio-economic status. In addition, the tort law reform movement has been the subject of many debates in the USA and its consequences has been left out as a key factor in many Iranian comparative tort law works. In this article, we try to identify some of the problems of comparative studies about the US tort law system in Iran and put forward new ways and initiatives to address them.
Publication Statement
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Originally published as Hassan Badini & Zahra Takhshid, A Critical Study of the Methodology of Comparative U.S. Tort Law Research, 49 PRIVATE LAW STUDIES QUARTERLY, U. OF TEHRAN L. REV., No. 2, 217-237 (2019).
Recommended Citation
Hassan Badini & Zahra Takhshid, A Critical Study of the Methodology of Comparative U.S. Tort Law Research, 49 PRIVATE LAW STUDIES QUARTERLY, U. OF TEHRAN L. REV., No. 2, 217-237 (2019).