Symposium Foreword: David Fischer, the Fox
David F. Partlett
Emory University School of Law
Missouri Law Review, Vol. 73, No. 2, p. 281, 2008
Emory Law and Economics Research Paper No. 10-58
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.
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Date posted: January 18, 2010 ; Last revised: June 12, 2012