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- Preface
- Introduction
- Torts and the New Jurisprudence
- Torts and Strict Liability
- Holmes Revised
- 1. Formalist Legal Science
- The Genesis of Holmes’s Antiformalism
- Analytic Legal Science
- Historical Legal Science
- The Powers of Darkness
- 2. The New Jurisprudence
- Experience and Legal Evolution
- A Unifying Theory of Tort Liability
- Purposes of a General Theory of Law
- 3. The Common Ground Liability
- Absolute Responsibility in Trespass
- Absolute Responsibility as Morally Dry Precedent
- 4. General Theory of Torts: Part One
- The Bifurcated Theory
- The Foresight Theory of Responsibility
- The Foresight Arrangement
- Foresight-Based Strict Liability
- 5. General Theory of Torts: Part Two
- The Negligence Rule
- Strict Liability
- Policy Limits to Strict Liability
- 6. Holmes in History
- The Contemporary Consensus
- Sources of the Current Misunderstanding
- Rise of the Negligence-Dogma Thesis
- “To Burst Inflated Explanations”
- Abbreviations
- Principal Works
- Notes
- Index
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