Forty Years of Travels in the Province of the Law of Tort. A Memoir
摘要
This chapter summarises the conclusions the author has reached in four decades of studying, writing, and practicing tort law. He takes a is legal-realist approach and maintains that tort law is a creature of the courts. He also assumes a comparative perspective looking not at the law in the books but at the law in action. He sets tort law in context with contract law, insurance, criminal law, and compensation schemes as they play a role in court proceedings and in out-of-court settlements.