Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/5406
Title: Counterfactuals and Corrective Justice: Legal History and Allan Beever’s 'Rediscovering the Law of Negligence'
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2009
Handle Link: https://hdl.handle.net/1959.11/5406
Abstract: In an important book published in 2007, 'Reconstructing the Law of Negligence', Allan Beever set out an interpretative theory of the law of negligence based on corrective justice theory. As part of this project, Beever called for more attention to be paid to legal history but denied that 'realist' history had any role in this project. This article considers two cases studies of subjects important in Beever's theory - the decision of the House of Lords in Bolton v Stone in 1951 and the judgments of Benjamin Cardozo - and evaluates Beever's treatment of these subjects by reference to contemporary materials 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: Journal Article
Source of Publication: Torts Law Journal, v.17, p. 219-241
Publisher: LexisNexis
Place of Publication: Australia
ISSN: 1039-785X
Fields of Research (FoR) 2008: 180126 Tort Law
180199 Law not elsewhere classified
Socio-Economic Objective (SEO) 2008: 949999 Law, Politics and Community Services not elsewhere classified
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article
School of Law

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