A History of Tort Law 1900–1950

The first historical treatment of tort law in England during a formative period of its development.

Paul Mitchell (Author)

9780521768610, Cambridge University Press

Hardback, published 1 January 2015

386 pages
23.7 x 16 x 2.7 cm, 0.7 kg

'In a work of huge scholarship and learning, Professor Paul Mitchell has made a splendid start in helping is make sense of the changes in tort law in England and Wales that occurred over the first half of the twentieth century.' Nicholas J. McBride, The Cambridge Law Journal

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.

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.

Subject Areas: Torts / Delicts [LNV], Legal history [LAZ], Law [L]