Category Archives: Legal History

‘Russell on Streetcar Torts’

“Thomas D Russell, University of Denver Sturm College of Law, has posted Blood on the Tracks: Turn-of-the-Century Streetcar Injuries, Claims, and Litigation in Alameda County, California: ‘Streetcars were great American tortfeasors of the turn-of-the-century, injuring approximately one 331 urban Americans in 1907. In this empirical study, I consider the entire run of streetcar injuries, claims, […]

Albertina Antognini, ‘Nonmarital Coverture’

ABSTRACT How and why do courts distribute property between unmarried couples when they separate? This Article offers an answer: they follow the rules laid out by coverture. Coverture is a regime, long considered defunct, that defined the appropriate roles husbands and wives occupied in marriage. Among other consequences, it prevented the wife from accessing property […]

Paula Giliker, ‘Mr Tony Weir (1936-2011)’

ABSTRACT The scholarship of Tony Weir extends across Tort and Comparative law. He was a renowned translator of key comparative law texts such as Zweigert and Kötz’s, An Introduction to Comparative Law. He was also a popular writer of student textbooks such as A Casebook on Tort (10 editions) and An Introduction to Tort Law […]

‘The Dark Side of Reputation’

“Private ordering theorists put a great deal of weight on reputation to enforce honest behavior among market participants. They assume that the fear of getting a bad reputation and consequently being shut out of opportunities to trade, particularly within a network of repeat players, incentivizes potential cheaters to act honestly. While this model has proven […]

‘Workshop: Ius Commune Conference 2019 – Ius Commune in the Making – Networks in the History of Private Law (28 November 2019, Leuven)’

“… The current Workshop aims now to explore our contemporary emerging concept of ‘networks’ in a comparative-historical perspective. These networks shape and challenge boundaries of traditional legal categories (eg, persons, things, contracts, torts, actions) as semi-autonomous social fields (Sally Falk Moore 1973), and thus have always grown and waned, and have had an impact on […]

‘English Law under two Elizabeths’: John Baker, Cambridge Reading and London, 19-28 November 2019

  Lecture 1: English Law under Elizabeth I 19 November 2019, 17:00-18:00, University of Cambridge Lecture 2: The Age of Common Law and the Age of Statute 21 November 2019, 18:00-19:00, University of Reading Lecture 3: The Elizabethan Inheritance 28 November 2019, 18:00-19:00, University of London Comparative law is generally understood as involving the comparison […]

‘Wang on copyright in China’

“Fei-Hsien Wang, Indiana University Bloomington has published Pirates and Publishers: A Social History of Copyright in Modern China with Princeton University Press. From the press: ‘In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang […]

Kraus and Scott, ‘The Case Against Equity in American Contract Law’

ABSTRACT The American common law of contracts appears to direct courts to decide contract disputes by considering two opposing points of view: the ex ante perspective of the parties’ intent at the time of formation, and the ex post perspective of justice and fairness to the parties at the time of adjudication. Despite the black […]

Warren Swain, ‘A Historical Examination of Vicarious Liability: A “Veritable Upas Tree”?’

ABSTRACT Vicarious liability was, and it remains, curiously unsatisfactory. After a period of stability from the Middle Ages into the early modern period in the late seventeenth into the early eighteenth century, the existing law of vicarious liability began to be challenged. The mid-nineteenth century saw another reappraisal coinciding with the rise of notions of […]

Coyle, Musacchio and Turner, ‘Law and Finance in Britain c 1900’

ABSTRACT In this paper, using new estimates of the size of the UK’s capital market, we examine financial development and investor protection laws in Britain c 1900 to test the influential law and finance hypothesis. Our evidence suggests that there was not a close correlation between financial development and investor protection laws c 1900 and that […]