1. In dealing with the relationship between liability and liability insurance, authors also make use of another allegory, for instance the allegory of the chicken and the egg. Compare Randall R. Bovbjerg, Liability and liability insurance: chicken and egg, destructive spiral, or risk and reaction?, 72 Texas Law Review (Tex.L.Rev.), 1655 (a paper delivered in the context of a May 1994 Texas Law Review Symposium on “The law of Bad Faith in Contract and Insurance” and on the subtheme “The Logic of Liability Insurance Purchases”). See also Michael Gill, The expansion of liability and the role of insurance. Who is the chicken? [1999] The International Journal of Insurance Law, 27-40.
2. Reference is here made to van Caenegem, Judges, legislators and professors. Chapters in European legal history, The Goodhart Lectures, (1987), p. 205. See the paraphrase by W. van Gerven, Community and national legislators, regulators, judges, academics and practitioners: living together apart?, in Law Making, Law Finding, and Law Shaping: The Diverse Influences. The Clifford Chance Lectures Vol. II (1997), p. 13.
3. 3. Just to mention a few of them, to whom I will refer later on, see inter alia, P.S. Atiyah, Accidents, Compensation and the Law (5th edn. 1993) (P. Cane, ed.)
4. 4. A.A. Ehrenzweig, Assurance oblige. A comparative study, [1995] Law and Contemporary Problems, 820-845
5. 5. J.G. Fleming, The Law of Torts, (8th edn. 1993)