Friday, November 30, 2007
Given Prosser's later role as the Reporter for the Restatement (Second) of Torts (1965), I believe Prosser's thoughts on the general endeavor of the Restatements deserves its own post. After discussing English and American hornbooks on the first day of class (see post here), Prosser went on to discuss Restatements. Merrifield recorded the following:
Restatements-American Law Institute-Carnegie money-give rules-cite no cases-beyond first year students-doubtful whether courts will follow it.
That Prosser had a dubious attitude toward Restatements--"doubtful whether courts will follow it"--is fascinating considering it comes from the person who made such use of a Restatement to shape products liability and privacy law. Furthermore, no less a source than Wikipedia informs me that, as of March 1, 1995, the Restatements had been cited in court opinions 129,533 times.