A history of tort law 1900-1950

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A history of tort law 1900-1950

Paul Mitchell, Professor of Laws, UCL

(Cambridge studies in English legal history)

Cambridge University Press, 2015

  • : hardback

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Includes bibliographical references and index

Description and Table of Contents

Description

Many of the defining features of the modern law of tort can be traced to the first half of the twentieth century, but, until now, developments in that period have never received a dedicated historical examination. This book examines both common law and statutory innovations, paying special attention to underlying assumptions about the operation of society, the function of tort law, and the roles of those involved in legal changes. It recovers the legal and social contexts in which some landmark decisions were given (and which puts those decisions in a very different light) and draws attention to significant and suggestive cases that have fallen into neglect. It also explores the theoretical debates of the period about the nature of tort law, and reveals the fascinating patterns of influence and power at work behind statutory initiatives to reform the law.

Table of Contents

  • 1. Introduction
  • Part I: 2. Definition and theory
  • 3. War
  • 4. Women
  • 5. Children
  • 6. Media
  • 7. Roads
  • 8. Workmen
  • Part II: 9. The Law Revision Committee
  • 10. Death
  • 11. Contribution
  • 12. Husbands
  • 13. Contributory negligence
  • 14. Conclusion: beyond 1950
  • Appendix. Gutteridge and Lipstein on defamation: 'Defamation in European Systems of Law' by K. Lipstein
  • 'General Observations' by H. C. Gutteridge.

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