The Hidden Holmes

Author: David Rosenberg
Publisher: Harvard University Press
ISBN: 9780674390027
Size: 69.12 MB
Format: PDF, ePub, Mobi
View: 3371
Download Read Online
His Theory of Torts in History David Rosenberg. 4. General. Theory. of. Torts. Part
. One. Holmes laid out the common ground of tort liability in Lecture IV,
specifically in its crucial second half — virtually ignored by scholars for the last
fifty years — titled "The Theory of Torts."1 The general prerequisite for liability
was reasonably foreseeable harm; this, "reduced to its lowest term," translated
into the defendant's "knowledge of circumstances" accompanying the conduct in
question, which ...

Essential Law For Social Workers

Author: Robert G. Madden
Publisher: Columbia University Press
ISBN: 0231508999
Size: 71.91 MB
Format: PDF
View: 7256
Download Read Online
Restatement (Second) of Torts. 1965. Washington, D.C.: American Law Institute.
Riskin, L. L. and J. E. Westbrook. 1998. Dispute resolution and lawyers. Abridged
2d ed. St. Paul, Minn.: West. Rosenberg, D. 1995. The hidden Holmes: His theory
of torts in history. Cambridge, Mass.: Harvard University Press. Rosenberg, J. A.
2000. Adapting unitary principles of professional responsibility to unique practice
contexts: A reflective model for resolving ethical dilemmas in elder law. Loyola ...

Zeitschrift F R Neuere Rechtsgeschichte

Author: Wilhelm Brauneder
Size: 39.32 MB
Format: PDF, ePub
View: 7398
Download Read Online
G. Gilmore, The Death of Contract (1974. 2. Aufl 1995). '"")G. E. White, Tort Law in
America. An Intellectual History (1985). ") D. Rosenber<>, The Hidden Holmes.
His Theory of Torts in History (1995). -) Wie Fn 34 und 105. Ähnliches gilt für das
Familienrecht. Allerdings deckt die Untersuchung von 288 Länderbericht.

The Public Life Of Privacy In Nineteenth Century American Literature

Author: Stacey Margolis
Publisher: Duke University Press Books
ISBN: 9780822335368
Size: 39.72 MB
Format: PDF, Docs
View: 7623
Download Read Online
According to Rosenberg, the only model of strict liability Holmes rejected was "
cause-based strict liability," under which a person is responsible simply because
he caused a harm. For Holmes, Rosenberg explains, this rule violated "the
prevailing norm of responsibility," which maintained that a person could not be
held responsible unless he could have avoided causing the harm (Rosenberg,
The Hidden Holmes: His Theory of Torts in History [Cambridge: Harvard
University Press, ...

Rhetoric And Reform In The Progressive Era

Author: J. Michael Hogan
Publisher: MSU Press
Size: 11.98 MB
Format: PDF, Mobi
View: 6706
Download Read Online
See especially David Rosenberg, The Hidden Holmes: His Theory of Torts in
History (Cambridge: Harvard University Press, 1995). 7. See Mark Tushnet, "The
Logic of Experience: Oliver Wendell Holmes on the Supreme Judicial Court,"
Virginia Law Review 63 (1977): 975-1052, for a thorough analysis of Holmes's
opinions on the Massachusetts court. 8. Holmes to Pollock, 27 December 1895,
Holmes- Pollock Letters: The Correspondence of Mr. Justice Holmes and Sir
Frederick ...

Michigan Law Review

Size: 10.88 MB
Format: PDF
View: 2628
Download Read Online
A.W. Brian Simpson* The Hidden Holmes: His Theory of Torts in History. By
David Rosenberg. Cambridge, Mass.: Harvard University Press. 1995. Pp. xii,
280. $. The literature on Oliver Wendell Holmes, Jr. is very considerable; in quite
recent times it has been greatly strengthened by G.E. White's biography,1 surely
a model of its kind. One might have been tempted to view it as the definitive study
, but there is something elusive about Holmes, something, I expect, that rules out
definitive ...

Tort Law

Author: Mark Geistfeld
Publisher: Wolters Kluwer Law and Business
ISBN: 9780735568280
Size: 23.86 MB
Format: PDF, Kindle
View: 4154
Download Read Online
Neal MacCormick, Legal Reasoning and Legal Theory 186 (Clarendon Press
1978). CHAPTER 3 1 . George P. Fletcher, The Fault of Not Knowing, 3
Theoretical Inquiries in Law 2 (2002), 2. Compare
David R. Rosenberg, The Hidden Holmes: His Theory of Torts in History (Harvard
U. Press 1995), depicting the importance of strict liability in the Holmesian
conception of tort law; see also Jules L. Coleman, Theories of Tort Law, in
Stanford Encyclopedia of ...

Australian Journal Of Legal History

Size: 80.81 MB
Format: PDF, Kindle
View: 5547
Download Read Online
Oliver Wendell Holmes: Law and the Inner Self (Oxford University Press, New
York, 1993); J P Diggins, The Promise of Pragmatism: Modernism and the Crisis
of Knowledge and Authority (University of Chicago Press, Chicago 1994) 342-
359; D Rosenberg, The Hidden Holmes: His Theory of Torts in History' (Harvard
University Press, Cambridge, Massachusetts 1995); D H Burton, Toft, Holmes,
and the 1920s Court: An Appraisal (Fairleigh Dickinson University Press,
Cranberry, New ...

Restatement Of The Law Torts

Author: American Law Institute
Size: 69.78 MB
Format: PDF, Docs
View: 7677
Download Read Online
For a valuable reinterpretation of Holmes, which suggests that Holmes supported
strict liability so long as the defendant can foresee the risks involved in the
defendant's conduct, see David Rosenberg, The Hidden Holmes: His Theory of
Torts and History (1995). Comment j. Common usage. Under the first
Restatement, the fact that an activity was in common usage prevented the
application of strict liability. See § 520(b). Under Restatement Second, Torts §
520(d), whether the activity ...


Size: 18.62 MB
Format: PDF, ePub, Mobi
View: 1939
Download Read Online
But see David Rosenberg, The Hidden Holmes: His Theory of Torts in History
140-45 (1995) (reexamining history of tort law and concluding that gap between
external standards of negligence and strict liability was much smaller than has
been previously thought, but that in any event, strict liability had potential to
produce regressive distributional effect for workers and consumers). 44 See
Louis Kaplow & Steven Shavell, Why the Legal System is Less Efficient Than the
Income Tax in ...