Tuesday, September 12, 2017
AALS Torts & Compensation Systems Section
January 5, 2018; 1:30 pm - 3:15 pm (Register here)
The Role of History in Tort Theory
Claims about the nature of tort law are often coupled with historical claims. Thus, many mid-twentieth century proponents of an expansive, compensation-oriented tort law argued strict liability was prevalent under the common law writ system. What is the purpose of such appeals to history? Are they necessary to tort theory, or merely tangential? Does the importance of history depend on whether the theory is descriptive or normative? A panel of experts takes up these issues and wrestles with the role of history in theorizing about tort law.
Speaker: Martha E. Chamallas, The Ohio State University, Michael E. Moritz College of Law
Speaker: John C.P. Goldberg, Harvard Law School
Moderator: Christopher J. Robinette, Widener University Commonwealth Law School
Speaker: G. Edward White, University of Virginia School of Law
Speaker: John F. Witt, Yale Law School
The 2018 Prosser Award will be presented to Marshall S. Shapo, Northwestern University Pritzker School of Law .