By Paul Mitchell
The various defining positive aspects of the trendy legislation of tort will be traced to the 1st half the 20 th century, yet, before, advancements in that interval have by no means acquired a devoted old exam. This publication examines either universal legislations and statutory strategies, paying distinctive consciousness to underlying assumptions concerning the operation of society, the functionality of tort legislation, and the jobs of these serious about felony adjustments. It recovers the criminal and social contexts during which a few landmark judgements got (and which places these judgements in a truly assorted mild) and attracts consciousness to major and suggestive situations that experience fallen into overlook. It additionally explores the theoretical debates of the interval concerning the nature of tort legislations, and divulges the attention-grabbing styles of impression and tool at paintings in the back of statutory projects to reform the legislations.
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Extra resources for A History of Tort Law 1900-1950
209. 57 VII The most detailed response to The Province was to come from P. A. Landon in fourteen closely argued pages in Bell Yard, the journal of the Law Society’s School of Law. 58 Landon acknowledged that Winfield had produced an ‘original and important contribution to English legal literature’, 59 but he took issue with both its methodology and its content. 60 Winfield’s definition was ‘a very different affair. ’61 Landon made it clear what had gone wrong: Winfield had been reading American books that encouraged bad habits – ‘We must not try to force our grossly unscientific system into a Procrustean bed of juristic categories.
And what the audience made of his quip about colonisation, which seemed to be a kind of back-handed compliment – one wouldn’t want to colonise a territory full of undesirables, after all – we can only guess. In his next lecture Winfield presented a general historical outline of the development of tort, giving appropriate weight to actions on the case. 37 P. Winfield, The Province of the Law of Tort (Cambridge University Press, 1931). , 6. , 7. , 22. , 25. , 30. 38 He then moved on to address the issue that had divided Pollock and Salmond, namely, are all injuries to another torts, unless there is some justification recognised by law?
70 But interestingly neither writer dealt with Landon’s point about workmen’s compensation. Only Winfield mentioned the matter, and whilst he agreed with Landon that a practitioner needed a ‘thorough’ knowledge of workmen’s compensation, ‘can you expect a [practitioner] to get his thorough knowledge from a text-book on the general law of tort? ’71 We might feel that Winfield was making rather too much of the point about ‘thorough’ knowledge here. 72 But the exchange also highlighted the limitations imposed by the terms of the debate.