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Richard Epstein, Strict Liability, and the History of Torts
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Joshua Getzler
Published/Copyright:
October 22, 2010
Epstein’s strict liability model of tort law, first stated in 1973, relied on arguments derived from the history of the common law, starting with the late medieval period and extending into the nineteenth century. Since that seminal article was published, legal historical scholarship has deepened our understanding of earlier tort law and brought many new sources to bear, and it has also uncovered a pervasive if quiet Romanistic influence on doctrinal development. None of this new work overturns Epstein’s historical intuitions, and his strict liability theory can continue to claim support in the practices of the older common law.
Published Online: 2010-10-22
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Article
- The Torts Scholarship of Richard Epstein: Editors' Introduction
- Epstein's Razor
- Richard Epstein, Strict Liability, and the History of Torts
- The Multiple Common Law Roots of Charitable Immunity: An Essay in Honor of Richard Epstein's Contributions to Tort Law Scholarship
- Richard Epstein and the Cold War in Torts
- Toward a General Theory of Tort Law: Strict Liability in Context
Articles in the same Issue
- Article
- The Torts Scholarship of Richard Epstein: Editors' Introduction
- Epstein's Razor
- Richard Epstein, Strict Liability, and the History of Torts
- The Multiple Common Law Roots of Charitable Immunity: An Essay in Honor of Richard Epstein's Contributions to Tort Law Scholarship
- Richard Epstein and the Cold War in Torts
- Toward a General Theory of Tort Law: Strict Liability in Context
