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Title: Counterfactuals and Corrective Justice: Allan Beever's Rediscovering the Law of Negligence and Bolton v Stone in Context
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2008
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Abstract: In an important book published in 2007, Allan Beever set out an interpretative theory of the law of negligence based on corrective justice theory. As part of this project, Beever calls for more attention to be paid to legal history to understand the history of how human beings interact. However, Beever rejects 'realist' history as having any role in this project. This paper seeks to take a contextual look at one of the leading cases in Beever's theory - the decision of the House of Lords in Bolton v Stone in 1951 - to demonstrate that the failure to engage with realist history effectively creates a counterfactual history that adds little weight to Beever's theory.
Publication Type: Conference Publication
Conference Details: 27th Annual Australian and New Zealand Law and History Conference, Adelaide, Australia, 11th - 13th December, 2008
Source of Publication: Australia and New Zealand Law & History E-Journal: 2008 Abstracts
Publisher: Australian and New Zealand Law History Society
Place of Publication: Online
ISSN: 1177-3170
Field of Research (FOR): 180126 Tort Law
180199 Law not elsewhere classified
Socio-Economic Objective (SEO): 940499 Justice and the Law not elsewhere classified
HERDC Category Description: E3 Extract of Scholarly Conference Publication
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Series Name: Australia and New Zealand Law & History E-Journal
Series Number : 2008
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