Tort Law in America: An Intellectual History
Widely regarded as a standard in the field, G. Edward White's Tort Law in America is a concise and accessible history of the way legal scholars and judges have conceptualized the subject of torts, the reasons that changes in certain rules and doctrines have occurred, and the people who brought about these changes. Now in an expanded edition, Tort Law in America features a new preface that places the book within the current scholarship and two new chapters covering developments in American tort law over the past fifteen years. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late nineteenth and early twentieth centuries in America, and the recurrent concerns of tort law since its emergence as a discrete field. He puts the intellectual history of this unique branch of law into the general picture of philosophy, sociology, and literature in what is not only a major work of legal scholarship but also a tour de force for anyone interested in American intellectual history.
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1 The Intellectual Origins of Torts in America
2 The Impact of Legal Science on Tort Law 18801910
3 The Impact of Realism on Tort Law 19101945
5 William Prosser Consensus Thought and the Nature of Tort Law 19451970
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academic accident actions American Law analysis approach argued assumption of risk Bohlen Cardozo casebook causation century claims common law comparative negligence compensation conception conceptualist conduct contributory negligence corrective justice costs courts decisions defective products defendant defendant’s developments Dobbs early twentieth-century edition emergence emotional distress enterprise liability factual fault gence Green Harv Harvard Holmes Ibid injured persons injuries intellectual issues judges judicial jurisprudence jury Keeton Langdell last clear chance late nineteenth late nineteenth-century Law of Torts Law School lawmaking legal scholars legal science liability insurance litigation manufacturers Materials on Torts moral negligence law negligence principle negligence theory no-fault opinions Palsgraf parties perspective plaintiff products liability Prosser proximate cause public policy Realists reasonable recovery reformist Restatement of Torts risky role rules scientific scientists social standard strict liability suggested supra theories of tort thought tion tort law tort liability tort system torts scholars Traynor treatise twentieth vicarious liability
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