(Download) "Foreword: David Fischer, The Fox (University of Missouri School of Law Professor) (Symposium: A Tribute to Professor David Fischer) (Testimonial)" by Missouri Law Review * Book PDF Kindle ePub Free
eBook details
- Title: Foreword: David Fischer, The Fox (University of Missouri School of Law Professor) (Symposium: A Tribute to Professor David Fischer) (Testimonial)
- Author : Missouri Law Review
- Release Date : January 22, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 284 KB
Description
Foreword: David Fischer, the Fox(a) It is my great pleasure to pen a few words in honor of my friend and fellow laborer in the torts vineyard, Professor David Fischer. Professor Fischer has been an intellectual force in the modern development of tort law. He has made us think hard about the implications of tort rules. He is in the intellectual tradition of a splitter, and not a lumper, in his scholarship. (1) Most of scholarship in modern tort law falls into the "lumper" camp. It is scholarship that looks at tort rules as encapsulating wider models that serve certain instrumental ends, or as part of a non-consequential system of norms; for example, law and economics has taken tort rules to reflect a system of rules that serve efficiency. Others view the rules as part of a system of private law that instantiates corrective justice. (2) Contrary rules are diminished and common themes emphasized. Even when discussing discrete aspects of tort law, most modern scholars are lumpers in applying broad theoretical frameworks to fit those aspects. (3) The most talked of aspect has been the duty concept in negligence. While the debate can be traced to the Palsgraf case, it has been given new life by the scholarship of Keating, Goldberg and Zipursky. The issue that separates these scholars derives from their views about the function of tort liability.
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