Scholars of Tort Law

Description

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. Preface Table of Contents Contributors Table of Cases Table of Legislation 1. Pioneers, Consolidators and Iconoclasts: The Story of Tort Scholarship I. Introduction II. Pioneers III. Consolidators IV. Iconoclasts V. Place, Publications and Prose VI. Conclusion 2. Thomas McIntyre Cooley (1824–1898) and Oliver Wendell Holmes (1841–1935): The Arc of American Tort Theory I. Introduction II. Cooley and Holmes III. Wrongs and Redress v Responsibility for Losses IV. Two Legacies V. Politics and Positivism VI. Cooley Revisited VII. Conclusion 3. Professor Sir Frederick Pollock (1845–1937): Jurist as Mayfly I. Introduction II. Biographical Sketch III. Holmes IV. Pollock V. Morality VI. 'Anomalies' VII. Intentional Harm VIII. Negligent Harm IX. Vicarious Liability X. Legacy XI. Contract XII. How to be a Jurist XIII. Pollock as Jurist XIV. Addison XV. Lessons 4. Professor Sir John Salmond (1862–1924): An Englishman Abroad I. A Winner from the Start II. The Structure of the Law of Torts III. Salmond and General Theories of Liability IV. Salmond and Culpability V. The Success of Salmond VI. Salmond's Influence: An Englishman Abroad? VII. Conclusion 5. Professor Francis Hermann Bohlen (1868–1942) I. Introduction II. Organising Tort Law III. Bohlen's Background IV. Incorporating Risk-Benefit Analysis V. The First Restatement and Causation VI. Conclusion 6. Professor Sir Percy Winfield (1878–1953) I. Introduction II. The Life III. The Work IV. The Scholar V. Conclusion 7. Professor Leon Green (1888–1979): Word Magic and the Regenerative Power of Law I. Introduction II. Language III. Biography, Key Contributions and Timeline IV. Appraisal 8. Professor William Lloyd Prosser (1898–1972) I. Introduction II. Torts Made Over III. Good Intentions IV. Achieving Compensation V. Next Steps VI. Conclusion 9. Professor Fleming James Jr (1904–1981) I. A Surprising Background II. Spreading: A Realist's View of Torts III. Spreading Applied IV. Selling Spreading V. Economics, Torts and Spreading VI. Criticism and Influence VII. Conclusion 10. Professor John G Fleming (1919–1997): 'A Sense of Fluidity' I. Life and Work II. Legal Formalism: Bipolarity III. Legal Formalism: Categories IV. Precedent V. Temporality VI. Self-Identification VII. Conclusion 11. Professor Patrick Atiyah (1931–2018) I. Introduction II. Vicarious Liability in the Law of Torts (1967) III. Accidents, Compensation and the Law (1970) IV. The Damages Lottery (1997) V. Influence VI. Legacy 12. Mr Tony Weir (1936–2011) I. Introduction II. Weir and the Law of Tort: Textbook Writer and Case Note Commentator III. Weir as Translator and Comparative Tort Lawyer IV. Weir the Brexiteer V. Conclusion 13. Law, Fact and Process in Common Law Tort Scholarship I. Introduction II. Law, Fact and Process in Common Law and Civil Law III. Common Law Legal Scholarship IV. Conclusion Index