Holmes's theorizings about the law of torts
, and in particular strict liability, can only be fully understood, Rosenberg argues, if they are related to his general legal theory: "[T]o understand his theory of torts, we need to begin with an examination of his jurisprudence" (p.
(85) Graham Virgo, '"We Do This in the Criminal Law and That in the Law of Tort
": A New Fusion Debate' in Stephen GA Pitel, Jason W Neyers and Erika Chamberlain (eds), Tort Law: Challenging Orthodoxy (Hart Publishing, 2013) 95, 95.
(22) See especially Frederick Pollock, The Law of Torts
: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law (London: Stevens & Sons, 1887) and later editions of the same work.
The rule of decision might be the international law (treaty or customary international law) violated; it might be a federal common law of torts
; or it might be the tort law of whatever jurisdiction applicable choice of law principles would point to.
(47) It reaches its zenith in, for example, great works such as John Fleming, The Law of Torts
(Thomson Reuters, 9th ed, 1998).
to uphold and apply the principles of the common law of tort
Without exception, each judge bases his or her decision either on the postulate that the law of tort
is wholly private and not public, or that the law of tort
is wholly public and not private.
CONTENTS I Introduction II The Australian Academy before the Second World War III The Creation of an Australian Legal Academy IV Legal Emigres and the Law of Tort
V Conclusion I INTRODUCTION
certainly that the common law of tort
is best explained as if the judges
We should look outside of the law of tort
, perhaps outside of all law, for ultimate protection of finances.