Tort Law in America: An Intellectual History / Edition 1

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Overview


This history of tort law in America looks at how the subject has been conceptualized, pointing out why changes in rules occurred, and who did the changing. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late 19th and 20th centuries in America, and the recurrent concerns of tort law since it became a discrete field.

This history of tort law in America looks at how the subject has been conceptualized, pointing out why changes in rules occurred.

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Editorial Reviews

From the Publisher

"White has confirmed his reputation as one of the foremost figures in the field of American legal history."--Harvard Law Review

"[White] makes convincing sequence out of the muddy history of American tort law, tracing it from Victorian concepts of punishable wrongdoing through the dark thickets of negligence, contributory negligence and last clear chance, to the myriad modern conceptions of how the cost of accidents should be apportioned among the public....It is a brilliant and imaginative essay."--Louis Auchincloss

"An exciting chronicle of the development of an intriguing and currently important area of the law."--Marc A. Franklin, Stanford Law School

"White broadens our understanding of why we think of the law as we do and deepens our insight into its historical foundations."--Edward Purcell, author of The Crisis of Democratic Theory

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Product Details

  • ISBN-13: 9780195139655
  • Publisher: Oxford University Press, USA
  • Publication date: 3/27/2003
  • Edition description: ENL
  • Edition number: 1
  • Pages: 424
  • Product dimensions: 8.20 (w) x 5.40 (h) x 1.30 (d)

Meet the Author

G. Edward White is Professor of Law at the University of Virginia Law School and author of The American Judicial Tradition.

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Table of Contents

Introduction
1 The Intellectual Origins of Torts in America 3
2 The Impact of Legal Science on Tort Law, 1880-1910 20
3 The Impact of Realism on Tort Law, 1910-1945 63
4 The Twentieth-Century Judge as Torts Theorist: Cardozo 114
5 William Prosser, Consensus Thought, and the Nature of Tort Law, 1945-1970 139
6 The Twentieth-Century Judge as Torts Theorist: Traynor 180
7 The 1970s: Neoconceptualism and the Future of Tort Law 211
8 The Unexpected Persistence of Negligence, 1980-2000 244
9 Entering the Twenty-First Century 291
Notes 339
Index 389
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