Cover: The Hidden Holmes: His Theory of Torts in History, from Harvard University PressCover: The Hidden Holmes in E-DITION

The Hidden Holmes

His Theory of Torts in History

Available from De Gruyter »

Product Details


$65.00 • £54.95 • €60.00

ISBN 9780674418493

Publication Date: 01/28/1996

280 pages


Harvard University Press has partnered with De Gruyter to make available for sale worldwide virtually all in-copyright HUP books that had become unavailable since their original publication. The 2,800 titles in the “e-ditions” program can be purchased individually as PDF eBooks or as hardcover reprint (“print-on-demand”) editions via the “Available from De Gruyter” link above. They are also available to institutions in ten separate subject-area packages that reflect the entire spectrum of the Press’s catalog. More about the E-ditions Program »

  • 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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