Taxonomy of non-pecuniary losses in English tort law: normative losses and Consequential losses as organising concepts
PhD student: Mrs Dr A. Gutierrez Raymondova
Promotors: E. Descheemaeker, E.C. Reid
Duration: 1/9/2016 - 31/8/2020
PhD defence: Edinburgh, 31/7/2021
A primary aim of my research project is to expose the numerous areas of uncertainty and confusion due to a lack of systematic review of the taxonomy of non-pecuniary losses in France and England. However, to achieve a clear picture of the current structure of the law it is fundamental to develop a secondary line of research focused on terminology. It would be impossible to analyse the coherency of current categories without some stability of what is meant by words such as wrong, loss, harm and damage in England; as well as dommage and prjudice in France. To answer such questions a reference to the historical background is also of great interest, as it allows us to understand how confusion regarding its modern functions creates historically anachronistic accounts both in England and France by situating its emergence in implausibly old periods when the payment of money for personal injuries had a punitive goal rather than a compensatory one.