Tuesday, January 19, 2010
David Partlett (Emory) has posted to SSRN his symposium introduction celebrating the scholarship of David Fischer. Entitled David Fischer, the Fox (a), the abstract provides:
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.
Of course, I am partial to Berlinian analyses of tort law.