Approaches to Redressing Fatal Torts; A comparative study of Iranian and American tort laws

Document Type : Research Paper

Authors

1 Associate Professor, Private & Islamic Law Department, University of Tehran, Tehran, Iran

2 PhD Student in Law at the University of Canterbury, New zealand

Abstract

This enigma that “How should tort law assign monetary values to human lives?” has preoccupied many legal scholars. In responding this question, two independent bodies of law try to redress the personal injuries in the united states;1-tort law, in which the courts use a case-specific numbers to assess damages, making individual differences crucial and 2-regulatory policy, that relies on a uniform and fixed values, extracted directly from The surveying the real-world markets and workplace risks.In terms of Iran, in fatal tort cases, all victims (that is their heirs) will be paid the same amount, which is based upon the Islamic doctrine of Diye –Mulct or Blood Money. The main goal of this paper is to consider these methods by adopting a comparative approach; I will argue that our law can learn from the Americans experience in this respect and finally, I will propose some suggestions for reforms.

Keywords

Comparative Law Review
Volume 4, Issue 1 - Serial Number 1
September 2013
Pages 63-98

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