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List of 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 CP 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
About the author
James Goudkamp is Professor of the Law of Obligations at the University of Oxford, and a Fellow of Keble College, Oxford. He is also a practising barrister at 7 King's Bench Walk Chambers, London, UK.Donal Nolan is Professor of Private Law at the University of Oxford, and a Fellow of Worcester College, Oxford.
Photo courtesy of Faculty of Law, University of Oxford.
Summary
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 Thomas Cooley (1824–1898) to 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. By 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.
Foreword
An innovative collection examining the influence of eminent tort scholars on the development of the subject and the law.
Additional text
This volume takes a refreshingly different approach to studying the making of tort law. Its goal is to shed new light on the development of tort law as an intellectual domain and not simply a body of rules, and to demonstrate that legal scholars played a decisive role in that development. It succeeds admirably on both fronts … Every chapter is richly researched and offers much food for thought. However, this is also a book that is greater than the sum of its parts. Its value lies not just in the information it presents about individual scholars and their contribution to the intellectual development of tort, but also in the broader themes that emerge when the chapters are read together.
