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A History of Tort Law 1900-1950

A History of Tort Law 1900-1950
Author: Paul Mitchell
Publisher:
Total Pages: 386
Release: 2015
Genre: Torts
ISBN: 9781316208885
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Any title containing dates immediately raises questions: why start there?, why stop then? When the answer is not immediately obvious - the start and end of a monarch's reign, say, or a war - there may be little consolation in the reader's discovering that the contents of such books almost always break their titles' implicit promises to confine themselves to events between certain dates. So it might be as well to come clean right at the very start, and admit that nothing special or symbolic happened in either 1900 or 1950 that will serve as the beginning and end points of this book. Indeed, in a discipline like law where so much turns on interpreting what has happened in the past, a pedantically strict attitude to start dates is always likely to create more problems than it solves. As readers may have guessed from the suspiciously round numbers in the title, this is a book about the history of tort law that focuses on the first half of the twentieth century, but has no hesitation in straying slightly outside the period where the subject-matter calls for it

A History of Tort Law 1900–1950

A History of Tort Law 1900–1950
Author: Paul Mitchell
Publisher: Cambridge University Press
Total Pages: 385
Release: 2015-01-01
Genre: Law
ISBN: 1316194078
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Many of the defining features of the modern law of tort can be traced to the first half of the twentieth century, but, until now, developments in that period have never received a dedicated historical examination. This book examines both common law and statutory innovations, paying special attention to underlying assumptions about the operation of society, the function of tort law, and the roles of those involved in legal changes. It recovers the legal and social contexts in which some landmark decisions were given (and which puts those decisions in a very different light) and draws attention to significant and suggestive cases that have fallen into neglect. It also explores the theoretical debates of the period about the nature of tort law, and reveals the fascinating patterns of influence and power at work behind statutory initiatives to reform the law.

A History of Tort Law 1900-1950

A History of Tort Law 1900-1950
Author: Paul Mitchell
Publisher:
Total Pages: 386
Release: 2015
Genre: Torts
ISBN: 9781316201527
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Any title containing dates immediately raises questions: why start there?, why stop then? When the answer is not immediately obvious - the start and end of a monarch's reign, say, or a war - there may be little consolation in the reader's discovering that the contents of such books almost always break their titles' implicit promises to confine themselves to events between certain dates. So it might be as well to come clean right at the very start, and admit that nothing special or symbolic happened in either 1900 or 1950 that will serve as the beginning and end points of this book. Indeed, in a discipline like law where so much turns on interpreting what has happened in the past, a pedantically strict attitude to start dates is always likely to create more problems than it solves. As readers may have guessed from the suspiciously round numbers in the title, this is a book about the history of tort law that focuses on the first half of the twentieth century, but has no hesitation in straying slightly outside the period where the subject-matter calls for it

A History of Australian Tort Law 1901-1945

A History of Australian Tort Law 1901-1945
Author: Mark Lunney
Publisher: Cambridge University Press
Total Pages: 313
Release: 2017-12-19
Genre: Law
ISBN: 1108423310
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Through tort law development, this book adopts a new and innovative approach to writing legal history in Australia.

Scholars of Tort Law

Scholars of Tort Law
Author: James Goudkamp
Publisher: Bloomsbury Publishing
Total Pages: 416
Release: 2019-10-03
Genre: Law
ISBN: 1509910581
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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.

The Province and Politics of the Economic Torts

The Province and Politics of the Economic Torts
Author: John Murphy
Publisher: Bloomsbury Publishing
Total Pages: 342
Release: 2022-02-24
Genre: Law
ISBN: 1509927328
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Economic torts play a key role in the development of private law more generally. Indeed, the landmark case of OBG v Allan (2008) provided one of the most important decisions in the whole of the law of torts in the last generation, as the House of Lords sought to bring order to an area of the law that has long been beset by doctrinal and theoretical puzzles. Probably the most enduring question of all in this area is whether the economic torts can be unified. This book argues that the search for unity is a will o' the wisp. More particularly, it shows that although some juridical connections exist between some of these torts, there is far more that separates them than unites them. Offering a unique perspective, this is a landmark publication on the law of economic torts.

Great Debates in Tort Law

Great Debates in Tort Law
Author: Jonathan Morgan
Publisher: Bloomsbury Publishing
Total Pages: 387
Release: 2022-11-17
Genre: Law
ISBN: 1509961372
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Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading. This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.

The Oxford Handbook of Christianity and Law

The Oxford Handbook of Christianity and Law
Author: John Witte, Jr.
Publisher: Oxford University Press
Total Pages: 921
Release: 2023
Genre: Education
ISBN: 019760675X
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This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.

Ecclesiastical Law, Clergy and Laity

Ecclesiastical Law, Clergy and Laity
Author: Neil Patterson
Publisher: Routledge
Total Pages: 174
Release: 2018-09-11
Genre: History
ISBN: 135113860X
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Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .

Introduction to English Legal History

Introduction to English Legal History
Author: John Baker
Publisher: Oxford University Press
Total Pages: 736
Release: 2019-03-21
Genre: Law
ISBN: 0192540734
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Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.