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"Any title containing dates immediately raises questions: why start there?, why stop then? When the answer is not immediately obvious - the start and end of a monarch's reign, say, or a war - there may be little consolation in the reader's discovering that the contents of such books almost always break their titles' implicit promises to confine themselves to events between certain dates. So it might be as well to come clean right at the very start, and admit that nothing special or symbolic happened in either 1900 or 1950 that will serve as the beginning and end points of this book. Indeed, in a discipline like law where so much turns on interpreting what has happened in the past, a pedantically strict attitude to start dates is always likely to create more problems than it solves. As readers may have guessed from the suspiciously round numbers in the title, this is a book about the history of tort law that focuses on the first half of the twentieth century, but has no hesitation in straying slightly outside the period where the subject-matter calls for it"--
Many of the defining features of the modern law of tort can be traced to the first half of the twentieth century, but, until now, developments in that period have never received a dedicated historical examination. This book examines both common law and statutory innovations, paying special attention to underlying assumptions about the operation of society, the function of tort law, and the roles of those involved in legal changes. It recovers the legal and social contexts in which some landmark decisions were given (and which puts those decisions in a very different light) and draws attention to significant and suggestive cases that have fallen into neglect. It also explores the theoretical debates of the period about the nature of tort law, and reveals the fascinating patterns of influence and power at work behind statutory initiatives to reform the law.
Any title containing dates immediately raises questions: why start there?, why stop then? When the answer is not immediately obvious - the start and end of a monarch's reign, say, or a war - there may be little consolation in the reader's discovering that the contents of such books almost always break their titles' implicit promises to confine themselves to events between certain dates. So it might be as well to come clean right at the very start, and admit that nothing special or symbolic happened in either 1900 or 1950 that will serve as the beginning and end points of this book. Indeed, in a discipline like law where so much turns on interpreting what has happened in the past, a pedantically strict attitude to start dates is always likely to create more problems than it solves. As readers may have guessed from the suspiciously round numbers in the title, this is a book about the history of tort law that focuses on the first half of the twentieth century, but has no hesitation in straying slightly outside the period where the subject-matter calls for it
The first historical treatment of tort law in England during a formative period of its development.
G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
This work is a collection of essays on the growth of tort law concepts of negligence, fault, and liability in response to the industrialization of the nineteenth century. The articles assess the distributive economic consequences of tort law and its effectiveness in protecting average citizens.
This history of tort law in America looks at how the subject has been conceptualized, pointing out why changes in rules occurred, and who did the changing. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late 19th and 20th centuries in America, and the recurrent concerns of tort law since it became a discrete field.
The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Economic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o' the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.
Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading. This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.