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Featured Publication



The Classical Law of Tort

Coke's Institutes of the Law, No. 1, Series Editors: Amanda J. Owens & Charles K. Rowley


Contents:

Sir Edward Coke - Sir Edward Coke is most remembered for his forceful championship of the supremacy of the common law...

Preface - Conceived in 1998, the Institutes are a penetrating series of short studies that critique the modern common law and trace its development.

Introduction - What are torts? The late English law professor Sir Percy Winfield (1933) defined a tort as...

Industrialization - The writ system had become increasingly haphazard by the early nineteenth century...

Jurisprudence in the Nineteenth Century - Jurisprudential thought was not only challenged by industrialization...

Causation - Holmes' negligence theory was tested in the seminal American case on causation, Palsgraf v. Long Island R. Co. (1928)...

Extent of duty of Care - What duties of care were universal? Holmes' fault-based standard gained momentum as time went by...

Limitations - The scientists, though interested in developing a universal tort law, did not propose wholesale adoption of the negligence principle.

Conclusion - Historically, basic common law principles were applied to solve legal problems.

Endnotes