A History of Tort Law 1900-1950 (Cambridge Studies in by Paul Mitchell

By Paul Mitchell

The various defining positive aspects of the trendy legislation of tort should be traced to the 1st half the 20th century, yet, in the past, advancements in that interval have by no means got a devoted old exam. This publication examines either universal legislation and statutory thoughts, paying specified cognizance to underlying assumptions concerning the operation of society, the functionality of tort legislation, and the jobs of these eager about criminal adjustments. It recovers the criminal and social contexts within which a few landmark judgements got (and which places these judgements in a really diversified gentle) and attracts recognition to major and suggestive situations that experience fallen into overlook. It additionally explores the theoretical debates of the interval concerning the nature of tort legislations, and divulges the interesting styles of impact and gear at paintings in the back of statutory tasks to reform the legislations.

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Extra info for A History of Tort Law 1900-1950 (Cambridge Studies in English Legal History)

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Landon, thereby perpetuating the opposition of views, but reversing the treatises in which they were expressed. By the time Winfield came to publish the first edition of his textbook in 1937, the names of the editors might have changed, but the issues were the same. Much of Winfield’s first chapter reproduced the ideas from The Province, and the definition of tort he relied on was in identical terms to the earlier work. When he came to discuss the arguments for a general theory of tort, however, it was clear that his thinking had moved on.

7–8. , 9. , 16. , 22. 8 11 Definition and theory 17 for his exposition. History, in the shape of the forms of action, could be thrown aside, and the existing remedies moulded into a structure based either on the interest interfered with, or on a hybrid classico-Christian scheme of morality. Although he presented a choice, Pollock seems to have been more attracted by the moral approach, as the terms of his decision to retain property torts in his book showed. This was a highly ambitious, and potentially tendentious approach, and it is quite revealing that Pollock had only felt confident enough to advance such broad claims in the fifth edition of 1897, when, as he put it, ‘Now that ten years have passed since the first issue of this work, it seems both safe and desirable to state the leading conceptions of the subject in a more direct and simple form.

Jenks, ‘The Province of Tort in English Law’ (1932) 14 Journal of Comparative Legislation and International Law 4 207. , 209. 57 VII The most detailed response to The Province was to come from P. A. Landon in fourteen closely argued pages in Bell Yard, the journal of the Law Society’s School of Law. 58 Landon acknowledged that Winfield had produced an ‘original and important contribution to English legal literature’, 59 but he took issue with both its methodology and its content. 60 Winfield’s definition was ‘a very different affair.

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