Alternative Rules for Determining Tort Liability
Coke's Institutes of the Law, No. 2, Series Editors: Amanda J. Owens & Charles K. Rowley
Conclusion
The legal system has always evolved with societal developments, but almost always at a slow, reactive pace. The common law system represents a progression of decisions that make incremental changes, which over time result in sound policy principles. This gradual process ensures the development of well-reasoned principles with strength to endure. The modern tort law has broken with this time-tested process by adopting a proactive approach. Judges, anxious to reform tort law, have circumvented the evolutionary process of the common law, and have violated the separation of powers. It is time to rein in the trend of judicial creativity and return the courts to their traditional role.
Amanda J. Owens, L.L.B. (U.K.), J.D. (U.S.)
Director of Legal Studies
The Locke Institute
Copyright © 1999 by The Locke Institute
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