Symposium Foreword: David Fischer, the Fox

13 Pages Posted: 18 Jan 2010 Last revised: 12 Jun 2012


This essay recognizes the seminal scholarship of Professor David Fischer. The piece notes that scholars in modern tort theory are either splitters or lumpers. Referring to Isaiah Berlin’s dichotomy, they are either hedgehogs or foxes. Fischer is a fox (a splitter) in a world of hedgehogs (lumpers). Fischer does the hard analytical work on the interior of the law that uncovers problems and dilemmas for courts as they go about ascribing responsibility for wrongful acts. The piece shows this by reference to two interior tort problems: (1) liability for lost chances, and (2) causation in over-determined cases.

Suggested Citation

Partlett, David F., Symposium Foreword: David Fischer, the Fox. Missouri Law Review, Vol. 73, No. 2, p. 281, 2008, Emory Law and Economics Research Paper No. 10-58, Available at SSRN:

David F. Partlett (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-8815 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics