Abstract

http://ssrn.com/abstract=1924907
 


 



An Ancient Law of Care


Nelson P. Miller


Western Michigan University Cooley Law School

September 9, 2011


Abstract:     
This article published in the Whittier Law Review shows that torts professors commonly teach that a previously absent or barbaric tort law evolved out of the medieval laws of England. Historical and contemporary analysis of ancient texts shows that it did not. Strict liability, negligence, intentional torts, indirect causation, degrees of negligence, objective reasonableness, notice and knowledge, fixed and variable compensation, and other principal features of modern tort law have been present from ancient times, influencing our own tort law. Interpretive principles help us appreciate the breadth, sensitivity, and timelessness of the ancient tort laws.

Number of Pages in PDF File: 52

Keywords: torts, history, evolution, ancient laws

working papers series





Download This Paper

Date posted: September 10, 2011  

Suggested Citation

Miller, Nelson P., An Ancient Law of Care (September 9, 2011). Available at SSRN: http://ssrn.com/abstract=1924907 or http://dx.doi.org/10.2139/ssrn.1924907

Contact Information

Nelson Pierce Miller (Contact Author)
Western Michigan University Cooley Law School ( email )
111 Commerce S.W.
Grand Rapids, MI 49503
United States
HOME PAGE: http://www.cooley.edu/faculty/miller_nelson.html
Feedback to SSRN


Paper statistics
Abstract Views: 299
Downloads: 70
Download Rank: 201,663

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.390 seconds