New PDF release: A History of Tort Law 1900-1950

By Paul Mitchell

ISBN-10: 0521768616

ISBN-13: 9780521768610

Some of the defining positive factors of the trendy legislation of tort might be traced to the 1st half the 20th century, yet, beforehand, advancements in that interval have by no means bought a devoted ancient exam. This ebook examines either universal legislation and statutory thoughts, paying distinct cognizance to underlying assumptions in regards to the operation of society, the functionality of tort legislations, and the jobs of these interested in criminal alterations. It recovers the criminal and social contexts within which a few landmark judgements got (and which places these judgements in a truly diverse gentle) and attracts recognition to major and suggestive situations that experience fallen into overlook. It additionally explores the theoretical debates of the interval in regards to the nature of tort legislations, and divulges the attention-grabbing styles of impact and tool at paintings at the back of statutory projects to reform the legislation.

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Additional info for A History of Tort Law 1900-1950

Sample text

His main objection was the ‘dialectic zeal’ of Winfield’s discussions of definitional points. Questions of definition were better left to draftsmen of statutes, Pollock felt; and, in paying such attention to definitions, Winfield had allowed himself to be distracted from the bigger picture. In particular, argued Pollock, he had failed to seize the opportunity to alert his audience to the support for a general principle of tort law that could be found in Ulpian and the Church catechism. Leaving aside the fact that Pollock was hardly in a position to question others’ shortcomings as lecturers,50 and assuming for the moment that a helping of Latin would have helped the students, Pollock’s comments raise an important point.

T. Stallybrass, who took a view similar, but not precisely identical, to Winfield’s. Stallybrass’ position was that the law was moving towards Winfield’s position, but had not quite yet reached it – and an ‘Excursus’ added to the first edition under Stallybrass’ editorship drew attention to the new editor’s view. By an almost fairy-tale coincidence, the editorship of Pollock was taken over at around the same time by P. A. Landon, thereby perpetuating the opposition of views, but reversing the treatises in which they were expressed.

3 The expansion of law as a university subject also lent greater legitimacy and prominence to general questions about the nature of the subject. The second factor was empire. 4 The C.  Stevens and Sons, 1860).  B. Simpson, ‘The Salmond Lecture’ (2007) 38 Victoria University of Wellington Law Review 669, 670ff. 4 J. Brown and W. ), The Oxford History of the British Empire: Volume IV: The Twentieth Century (Oxford University Press, 2001) particularly the map at 4. 2 Definition and theory 15 result of both of these factors was that a parochial or purely historical explanation – along the lines of ‘We’ve always done things like this here’ – would not have wide appeal.

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A History of Tort Law 1900-1950 by Paul Mitchell


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