Download e-book for kindle: A History of Tort Law 1900-1950 by Paul Mitchell

By Paul Mitchell

ISBN-10: 0521768616

ISBN-13: 9780521768610

The various defining positive aspects of the trendy legislations of tort could be traced to the 1st 1/2 the 20th century, yet, beforehand, advancements in that interval have by no means got a committed ancient exam. This ebook examines either universal legislation and statutory ideas, paying exact cognizance to underlying assumptions concerning the operation of society, the functionality of tort legislation, and the jobs of these all for felony adjustments. It recovers the criminal and social contexts within which a few landmark judgements got (and which places these judgements in a truly diversified gentle) and attracts recognition to major and suggestive circumstances that experience fallen into forget. It additionally explores the theoretical debates of the interval in regards to the nature of tort legislation, and divulges the attention-grabbing styles of impact and gear at paintings at the back of statutory projects to reform the legislations.

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Finally, where the debates were carried out, and the personae adopted by their authors, are highly suggestive about the role and influence of academic lawyers in the early twentieth century. 1 Remedies for personal injury date back to the Anglo-Saxons; the medieval royal courts heard actions for trespass; 1 D. Ibbetson, A Historical Introduction to the Law of Obligations (Oxford University Press, 1999). 13 14 Part I and defamation started life in the ecclesiastical courts. From the fourteenth century onwards the action on the case played a central role in expanding the circumstances in which damages for what we would now call ‘torts’ were awarded.

Hanbury, ‘Stallybrass [formerly Sonnenschein], William Teulon Swan’ in Oxford Dictionary of National Biography (online edition). 24 J. Salmond, ‘The Law of Nature’ (1895) 11 LQR 121, 122. 25 J. Salmond, Essays in Jurisprudence and Legal History (London, Stevens & Haynes, 1891) iv. 22 23 20 Part I From the very beginning of his academic career Winfield had undertaken research in both current law and legal history. As he made clear in his inaugural lecture as Rouse Ball Professor of English Law in Cambridge, he did not regard these interests as separate.

L. A. Hart’s ‘Definition and Theory in Jurisprudence’, the lecture given in 1954 to inaugurate his tenure of the Chair of Jurisprudence in Oxford. The allusion to Hart is not intended to imply that the writers discussed in this chapter anticipated Hart, nor that Hart was influenced by – or, even, interested in – their work. 89 See particularly Goodhart, ‘The Foundation of Tortious Liability’, 3. N. Duxbury, ‘English Jurisprudence between Austin and Hart’ (2005) 91 Virginia Law Review 1. 88 89 Definition and theory 35 I suspect, however, that all the writers discussed in this chapter would have rejected (and perhaps resented) the label ‘theoretical’, regarding it as the antonym of ‘useful’.

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A History of Tort Law 1900-1950 by Paul Mitchell


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