Claims about the
nature of tort law are often coupled with historical claims. Thus, many
mid-twentieth-century proponents of an expansive, compensation-oriented tort
law argued strict liability was prevalent under the common law writ system. What
is the purpose of such appeals to history? Are they necessary to tort theory,
or merely tangential? Does the importance of history depend on whether the theory
is descriptive or normative? A panel of experts takes up these issues and
wrestles with the role of history in theorizing about tort law.
Papers from this program will be published in Journal of
Tort Law.
Business meeting will be held at program conclusion.