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Vol 24 No 12 Dec 19/Jan 20

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Merkin and Flannery on the Arbitration Act 1996

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Scholars of Tort Law

Edited by: James Goudkamp, Donal Nolan

ISBN13: 9781509910571
Published: October 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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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 Professor Thomas Cooley (1824–1898), Professor Sir Percy Winfield (1878-1953) to Professor 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.

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.

Subjects:
Tort Law
Contents:
1. Pioneers, Consolidators and Iconoclasts: The Story of Tort Scholarship
James Goudkamp and Donal Nolan
2. Thomas McIntyre Cooley (1824–1898) and Oliver Wendell Holmes (1841–1935): The Arc of American Tort Theory
John C.P. Goldberg and Benjamin C. Zipursky
3. Professor Sir Frederick Pollock (1845–1937): Jurist as Mayfly
Robert Stevens
4. Professor Sir John Salmond (1862–1924): An Englishman Abroad 3
Mark Lunney
5. Professor Francis Hermann Bohlen (1868–1942)
Michael D. Green
6. Professor Sir Percy Winfield (1878–1953)
Donal Nolan
7. Professor Leon Green (1888–1979): Word Magic and the Regenerative Power of Law
Jenny Steele
8. Professor William Lloyd Prosser (1898–1972)
Christopher J Robinette
9. Professor Fleming James Jr. (1904–1981)
Guido Calabresi
10. Professor John G Fleming (1919–1997): 'A Sense of Fluidity'
Paul Mitchell
11. Professor Patrick Atiyah (1931–2018)
James Goudkamp
12. Mr. Tony Weir (1936–2011)
Paula Giliker
13. Law, Fact and Process in Common Law Tort Scholarship
Peter Cane