The Role of Apologies in the Law

ISBN-10: 1509903275
ISBN-13: 9781509903276
Category: Apologizing
Pages: 208
Language: English
Published: 2022
Authors: Robyn Carroll, Prue Vines

Description

"This book brings together areas of the law in which apologies are significant, providing a scholarly critique of statutory and case law principles in a range of jurisdictions. The common law is the starting point for this study because of the growing interest that common law systems (especially England and Wales, the USA, Canada, Australia and Hong Kong), have shown in encouraging apologies. Comparisons are made with other legal systems (for example, Scotland, The Netherlands and China) to provide other views of the significance of apologies in the law. The law both encourages and discourages apologies in the legal system. We demonstrate that the potential for apologies to have a greater role in law is hampered by fears, (not always justified), held by lawyers, clients, and insurers about risks of apologising. While apologies are well known as a mitigating factor in law, less well known are other ways in which the law encourages and sometimes compels apologies. Now, more than ever, a lawyer's repertoire of knowledge and skills needs to be underpinned by an understanding and appreciation of apologies in the law. The book assesses the impact of apologies on the law and the law on apologies, drawing on social science research to inform and enrich the understanding and evaluation of legal principles and processes in which apologies are sought and offered. The analysis focusses on apologies offered by individuals, incorporated entities and government within domestic legal systems. While it includes references to transitional justice and apologies to groups of people for historic injustices, the role of apologies in these contexts is beyond the scope of this work."--

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