By Paul Mitchell
The various defining good points of the fashionable legislations of tort may be traced to the 1st half the 20 th century, yet, formerly, advancements in that interval have by no means obtained a devoted historic exam. This publication examines either universal legislation and statutory techniques, paying specific realization to underlying assumptions concerning the operation of society, the functionality of tort legislations, and the jobs of these all for felony adjustments. It recovers the criminal and social contexts within which a few landmark judgements got (and which places these judgements in a really diverse gentle) and attracts recognition to major and suggestive instances that experience fallen into forget. It additionally explores the theoretical debates of the interval in regards to the nature of tort legislations, and divulges the attention-grabbing styles of effect and gear at paintings in the back of statutory projects to reform the legislation.
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Extra resources for A History of Tort Law 1900-1950
Pollock’s textbook, which from its first edition included his draft code of tortious obligations for India, came to invoke sources and values from outside English law – most notably Ulpian and the Church catechism – to explain the law’s moral role. His introduction of the general principle of liability for damage caused without justification gave effect to that moral role, and stood the traditional way of looking at tort on its head. Rather than a series of specific wrongs, tort in Pollock’s version was a sea of liability for damage punctuated by exceptions.
6 and 240. 48 He himself had found it ‘rather hard reading’, and he went on carefully to position himself as an authoritative outsider in the debate: As between members of an active teaching Faculty, such as Prof. Winfield and his colleagues, [assuming detailed knowledge] is justifiable, and may be laudable for the saving of time. 49 Here we might note that Pollock managed to portray himself also as an outsider in ‘the profession at large’ because of his teaching past. His main objection was the ‘dialectic zeal’ of Winfield’s discussions of definitional points.
Winfield, ‘The History of Negligence in the Law of Torts’ (1926) 42 LQR 184, 197. 31 Winfield, ‘The Foundation of Liability in Tort’, 11. 26 27 Definition and theory 21 Winfield’s article marked out a position that was distinct from both Pollock and Salmond. Where Pollock’s historical analysis was designed to set aside the restrictions of the forms of action, Winfield’s approach underlined the potential for the action on the case to generate change. And where Salmond’s position committed him to specific, established rules of liability, Winfield saw the law – in historical perspective – as capable of constant development.