Download PDF by Paul Mitchell: A History of Tort Law 1900-1950

By Paul Mitchell

ISBN-10: 0521768616

ISBN-13: 9780521768610

The various defining positive aspects of the trendy legislations of tort might be traced to the 1st 1/2 the 20 th century, yet, before, advancements in that interval have by no means got a devoted historic exam. This booklet examines either universal legislations and statutory recommendations, paying distinct consciousness to underlying assumptions in regards to the operation of society, the functionality of tort legislation, and the jobs of these eager about criminal alterations. It recovers the felony and social contexts during which a few landmark judgements got (and which places these judgements in a really diversified gentle) and attracts cognizance to major and suggestive instances that experience fallen into forget. It additionally explores the theoretical debates of the interval in regards to the nature of tort legislations, and divulges the attention-grabbing styles of impression and gear at paintings in the back of statutory tasks to reform the legislations.

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54 Winfield, ‘Law Reform’, 290. 55 E. Jenks, ‘The Province of Tort in English Law’ (1932) 14 Journal of Comparative Legislation and International Law 4 207. , 209. 57 VII The most detailed response to The Province was to come from P. A. Landon in fourteen closely argued pages in Bell Yard, the journal of the Law Society’s School of Law. 58 Landon acknowledged that Winfield had produced an ‘original and important contribution to English legal literature’, 59 but he took issue with both its methodology and its content.

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’.

81 The insinuation was, of course, that Winfield’s students would be embarrassed and humiliated if they advanced his theories in court. Any teacher would be dismayed by such an accusation of self-indulgence verging on betrayal, and Winfield acted promptly. In the second edition of his book he deleted the discussion of Jenks, all references to the subconscious, and the analogy with medicine. In its place he introduced a passage that made clear that he had taken Goodhart’s criticisms to heart: I had taken the view that the [general principle] theory is nearer the truth, but on further consideration I prefer to modify it as follows.

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