AALS Torts Panel: The Role of History in Tort Theory

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 .