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Scholars of Tort Law

Editat de Dr James Goudkamp, Donal Nolan
en Limba Engleză Hardback – 2 oct 2019
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.
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Specificații

ISBN-13: 9781509910571
ISBN-10: 1509910573
Pagini: 424
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.7 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Innovative study examining the influence of eminent tort scholars on the development of the subject and the law.

Notă biografică

James Goudkamp is Professor of the Law of Obligations at the University of Oxford, and a Fellow of Keble College, Oxford.Donal Nolan is Professor of Private Law at the University of Oxford, and a Fellow of Worcester College, Oxford.

Cuprins

1. Pioneers, Consolidators and Iconoclasts: The Story of Tort Scholarship James Goudkamp and Donal Nolan2. Thomas McIntyre Cooley (1824-1898) and Oliver Wendell Holmes (1841-1935): The Arc of American Tort Theory John CP Goldberg and Benjamin C Zipursky3. Professor Sir Frederick Pollock (1845-1937): Jurist as Mayfly Robert Stevens4. Professor Sir John Salmond (1862-1924): An Englishman Abroad 3Mark Lunney5. Professor Francis Hermann Bohlen (1868-1942) Michael D Green6. Professor Sir Percy Winfield (1878-1953) Donal Nolan7. Professor Leon Green (1888-1979): Word Magic and the Regenerative Power of Law Jenny Steele8. Professor William Lloyd Prosser (1898-1972) Christopher J Robinette9. Professor Fleming James Jr (1904-1981) Guido Calabresi10. Professor John G Fleming (1919-1997): 'A Sense of Fluidity' Paul Mitchell11. Professor Patrick Atiyah (1931-2018) James Goudkamp12. Mr Tony Weir (1936-2011) Paula Giliker13. Law, Fact and Process in Common Law Tort Scholarship Peter Cane

Recenzii

This handsome, fascinating and formidably well-researched volume . should be essential reading for anyone who teaches tort law . this volume succeeds splendidly in enabling us to enter into the minds of our great predecessors in thinking about tort law.
[The book] offers much food for thought in terms of how legal scholarship has served to shape and influence the law.
Scholars of Tort Law is essential reading for those with a deep interest in the subject matter.
The book provides the reader with fascinating accounts of influential tort scholarship, with insights that both humanise the authors whose work is already familiar and demystify work that may seem too voluminous or daunting to tackle.
This is an important and solid collection of essays, especially for students, practitioners, and judges.
This volume brings together some accounts of significant tort scholars. It is an intriguing collection in that it does what I consider to be the best form of intellectual biography, including elements of the life that contributed to the intellectual context of the scholar while focusing on the impact and structure of their work.
This volume takes a refreshingly different approach to studying the making of tort law. Its goal is to shed new light on the development of tort law as an intellectual domain and not simply a body of rules, and to demonstrate that legal scholars played a decisive role in that development. It succeeds admirably on both fronts . Every chapter is richly researched and offers much food for thought. However, this is also a book that is greater than the sum of its parts. Its value lies not just in the information it presents about individual scholars and their contribution to the intellectual development of tort, but also in the broader themes that emerge when the chapters are read together.