Torts revolving in statutory orbits : the theory, history and implications in practice of the intersection of tort and regulatory law in a rivers pollution context

Pontin, Benjamin John (1998) Torts revolving in statutory orbits : the theory, history and implications in practice of the intersection of tort and regulatory law in a rivers pollution context. University of Southampton, Doctoral Thesis.

Record type: Thesis (Doctoral)

Abstract

This thesis explores an important general feature of law in a common law jurisdiction, concerning the overlaying upon common law provisions of freestanding provisions of a regulatory law character. A number of standpoints are brought to bear, namely, legal theory, case law, legislative history, and the implementation of regulation in the field. Particular attention is given to the intersection of nuisance and rivers pollution regulation, giving meaning to the tensions and opportunities which arise. Comparisons are made with adjacent tort and regulatory settings, notably chemical pollution and factory safety regulation, reinforcing the message that notwithstanding that the two 'systems' of law are in large part complementary, they are not without significant points of friction too. The broad aim is to identify and critique contrasting 'Blackstonian' and 'Benthamite' images of law which, it will be argued, dominate the relevant academic discussion in such a way as to obscure the need for critical reflection on the intersection at hand.

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