… Part I begins by describing tort law’s choice between a negligence and a strict liability approach. Part II then explores some of Posner’s best-known torts decisions in order to assess his impact and explain why he did not exert even greater influence – despite his willingness to describe facts and real disputes with Cardozo-like creativity. Part II offers a law-and-economics twist to the question of why the common law of torts has declined in importance. Part III extends the idea to the common law more generally and argues that Posner’s opportunity to boldly refashion tort law came too late for some matters and too early for others.
Levmore, Saul, Richard Posner, the Decline of the Common Law, and the Negligence Principle, University of Chicago Law Review: volume 86 : issue 9 article 6 (2019).