John C. P. Goldberg

in The Oxford Handbook of Legal Studies

Published in print June 2005 | ISBN: 9780199248179
Published online September 2012 | | DOI:


Twentieth-century tort scholarship has been dominated by the Holmesian conception of tort law as accident law, and accident law as a form of regulatory law. American and Commonwealth judges, however, have never fully accepted it. Moreover, in the last twenty-five years, some tort scholars have sought to revitalize the older common law conception of tort as a law of personal redress for mistreatment by others. For reasons examined in this article, this debate between the regulatory and redress models of tort has largely played itself out as a debate over the proper characterization of one particular tort, namely, the tort of negligence.

Keywords: tort law; Holmesian theory; accident law; regulatory law; personal redress; tort of negligence

Article.  12612 words. 

Subjects: Law ; Tort Law

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