A History of Tort Law 1900-1950 by Paul Mitchell

By Paul Mitchell

A number of the defining gains of the fashionable legislations of tort could be traced to the 1st half the 20th century, yet, in the past, advancements in that interval have by no means got a committed old exam. This e-book examines either universal legislation and statutory concepts, paying distinctive cognizance to underlying assumptions concerning the operation of society, the functionality of tort legislations, and the jobs of these fascinated with felony adjustments. It recovers the felony and social contexts during which a few landmark judgements got (and which places these judgements in a really various mild) and attracts recognition to major and suggestive situations that experience fallen into forget. It additionally explores the theoretical debates of the interval in regards to the nature of tort legislation, and divulges the attention-grabbing styles of effect and tool at paintings in the back of statutory tasks to reform the legislations.

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84 Winfield’s approach also opened up the possibility that judicial changes might occur despite a judge’s conscious commitment to making no legal innovation. What exactly Winfield had in mind is impossible to know, because his development of the idea was cut short. One possibility is that changes in society – as experienced or observed by the judge as a member of that society – became an unarticulated part of the judicial reasoning process. 85 Goodhart’s point about students using Winfield’s theories in court also seems to have been misplaced.

72 But the exchange also highlighted the limitations imposed by the terms of the debate. Landon’s position that workmen’s compensation should be included in books on tort was at its most compelling when seen in terms of theory, and broader questions about the function of tort law. It was not so much a point about the contents [1932] AC 562. 70 Stallybrass, ‘Landon v. Winfield’, 22. Winfield, ‘The Province of the Law of Tort: A Reply’, 38. 72 Stallybrass incorporated a two-page summary of the workmen’s compensation scheme in the next edition of Salmond: W.

Winfield, ‘The Province of the Law of Tort: A Reply’, 38. 72 Stallybrass incorporated a two-page summary of the workmen’s compensation scheme in the next edition of Salmond: W. Stallybrass, The Law of Torts: A Treatise on the English Law of Liability for Civil Injuries, 8th edn (London, Sweet & Maxwell, 1934) xii and 117–19. 69 71 Definition and theory 29 page of a book as a point about the conceptual relationship between tort and workmen’s compensation. But Landon had set his stall out against such academic speculation, and, to be consistent, had to put the point in pragmatic, practitioner-oriented terms.

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