class actions, disabled rights, copyright, attorneys general, online speech, law schools, obesity, New York, mortgages, legal blogs, safety, CPSC, pharmaceuticals, patent trolls, ADA filing mills, international human rights, humor, hate speech, illegal drugs, immigration law, cellphones, international law, real estate, bar associations, Environmental Protection Agency, First Amendment, insurance fraud, slip and fall, smoking bans, emergency medicine, regulation and its reform, dramshop statutes, hotels, web accessibility, United Nations, Alien Tort Claims Act, lobbyists, pools, school discipline, Voting Rights Act, legal services programs

November 1992 Archives

Liability for Negligence and Judicial Discretion

Law and economics scholar Parisi examines the concept of fault in civil law, both historically and doctrinally, in Liability for Negligence. From its historical roots in ancient law, through Roman law, medieval Europe, to Judge Learned Hand's seminal decisions in T.J. Hooper and Carroll Towing and modern tort liability, the author traces the development of fault to its modern antecedent: liability for negligence. Parisi notes the problems of tort liability stem both from inherent difficulties traceable back to Roman times and from modern judicial confusion about the proper application of the "reasonable person" standard. The ultimate dilemma´┐Żbetween generalized versus individualized standards of liability´┐Żis laid out in careful detail, and is a valuable contribution to the debate over legal reform.
sort entries by:
author | date | title | category

Featured Book:
Download useful chapters of The Litigation Explosion. Available chapters discuss contingency fees, long-arm jurisdiction, choice-of-law rules, and loser pays systems.
The Litigation Explosion.

Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.