Counterfactuals and Corrective Justice: Allan Beever's Rediscovering the Law of Negligence and Bolton v Stone in Context

Title
Counterfactuals and Corrective Justice: Allan Beever's Rediscovering the Law of Negligence and Bolton v Stone in Context
Publication Date
2008
Author(s)
Lunney, Mark
( author )
OrcID: https://orcid.org/0000-0003-1462-5960
Email: mlunney@une.edu.au
UNE Id une-id:mlunney
Editor
Editor(s): Diane Kirkby and David Williams
Type of document
Conference Publication
Language
en
Entity Type
Publication
Publisher
Australian and New Zealand Law History Society
Place of publication
Online
Series
Australia and New Zealand Law & History E-Journal
UNE publication id
une:10408
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.
Link
Citation
Australia & New Zealand Law & History E-Journal
ISSN
1177-3170

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