Journal article
Richard Epstein, strict liability, and the history of torts
- Abstract:
- Epstein's strict liability model of tort law, first stated in 1973, relied on arguments derived from the history of the common law, starting with the late medieval period and extending into the nineteenth century. Since that seminal article was published, legal historical scholarship has deepened our understanding of earlier tort law and brought many new sources to bear, and it has also uncovered a pervasive if quiet Romanistic influence on doctrinal development. None of this new work overturns Epstein's historical intuitions, and his strict liability theory can continue to claim support in the practices of the older common law.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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(Preview, Version of record, pdf, 311.9KB, Terms of use)
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- Publisher copy:
- 10.2202/1932-9148.1095
Authors
- Publisher:
- De Gruyter
- Journal:
- Journal of Tort Law More from this journal
- Volume:
- 3
- Issue:
- 1
- Publication date:
- 2010-10-01
- Acceptance date:
- 2010-06-09
- DOI:
- EISSN:
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1932-9148
- Keywords:
- Pubs id:
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pubs:479722
- UUID:
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uuid:7eb143c0-01a9-49bb-8dc2-964c8d46350a
- Local pid:
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pubs:479722
- Source identifiers:
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479722
- Deposit date:
-
2014-08-17
Terms of use
- Copyright holder:
- Berkeley Electronic Press
- Copyright date:
- 2010
- Notes:
-
Copyright © 2010 Berkeley Electronic Press. All rights reserved. This is the publisher's version of the article. The final version is available online from De Gruyter at:
https://doi.org/10.2202/1932-9148.1095
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