Fleming's 'Law of Tort': Australian-made or foreign import? Australia's role in making the 'king' of torts

Title
Fleming's 'Law of Tort': Australian-made or foreign import? Australia's role in making the 'king' of torts
Publication Date
2013
Author(s)
Lunney, Mark
( author )
OrcID: https://orcid.org/0000-0003-1462-5960
Email: mlunney@une.edu.au
UNE Id une-id:mlunney
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
LexisNexis Butterworths
Place of publication
Australia
UNE publication id
une:12970
Abstract
John Fleming's textbook on the law of torts, now in its 10th edition with new editors, was the publication which founded Fleming's reputation as an international tort scholar. This article considers the extent to which Fleming's text was influenced by his presence in Australia as a junior academic at Canberra University College. It is argued that although certain structural features of the Australian legal academy in general, and of Canberra University College in particular, provided a propitious environment for the textbook to be written, the content of the textbook owes little to anything Australian. Rather, Fleming's exposure to contemporary intellectual trends, particularly in the United States, laid the foundations for his textbook, foundations that remained in place throughout future editions of the book. Although Australia gave him the opportunity to write, what he wrote was to draw him inevitably (in 1960) to the United States.
Link
Citation
Australian Bar Review, v.36, p. 211-227
ISSN
0814-8589
Start page
211
End page
227

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