The Classical Law of Tort
Coke's Institutes of the Law, No. 1, Series Editors: Amanda J. Owens & Charles K. Rowley
Conclusion
Tort law evolved through the common law. Historically, basic common law principles were applied to solve legal problems. In the nineteenth century, there was a movement towards systematizing tort law. This methodological approach had some limitations. The thrust was to derive logical, foundational principles to guide tort law. However, the nature of a common law system is to have a continuing flow of cases developing beyond previous decisions. These two systems were ideologically opposed, which led to tension in the early twentieth century.
The philosophical thrust of the late nineteenth century doctrines was to restrict, rather than to expand the compensatory function of tort law. Indeed, as the potential scope of civil duties increased, the limitations on liability widened. It is interesting to note that prior to 1900, the tort system was seen not as a means of deriving compensation, but as a method of punishing a wrongdoer, or deterring blameworthy civil conduct.
Amanda J. Owens, L.L.B. (U.K.), J.D. (U.S.)
Director of Legal Studies
The Locke Institute
Copyright © 1998 by The Locke Institute
|
...