The Law of Torts
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By: John G. Fleming
This textbook still stands as one of the leading works of scholarship on Australian tort law. Fleming's coverage draws on authorities in Australia & other common law jurisdictions, providing a thorough analysis for student & practitioner alike. A clear, precise & comprehensive statement of modern tort law, it is founded on a strong philosophical examination of this central area of the law.
AI Overview
"The Law of Torts" by John G. Fleming is a seminal textbook in the field of tort law, known for its clarity and comprehensive coverage of the subject. Here is a detailed overview of the book, including key themes, critical reception, and some plot summary elements:
Key Themes
- Historical Development: The book provides a historical perspective on the development of tort law, highlighting how societal and economic changes have influenced the evolution of the law.
- Negligence Concept: Fleming critiques the traditional negligence concept, arguing that it has been challenged by modern trends towards social security and stricter liability.
- Compensation and Cost Distribution: The author emphasizes the role of tort law in ensuring compensation for accident victims and distributing costs among those who can best bear them.
- Social Security and Liability: Fleming discusses how the law of torts has shifted from an individualistic fault dogma to a broader focus on social security and stricter liability.
Plot Summary
While "The Law of Torts" is not a narrative book but rather a legal textbook, it covers a wide range of torts and their applications. The book delves into various aspects of tort law, including:
- Types of Torts: Fleming covers different types of torts, such as negligence, intentional torts, and strict liability.
- Case Law: The book is known for its clear explanation of complex case law, providing a structured approach to understanding the legal principles.
- Modern Trends: Fleming examines how modern trends and societal changes have impacted the law of torts, including the shift from negligence to stricter liability.
Critical Reception
"The Law of Torts" has received widespread acclaim for its clarity and comprehensive coverage. Here are some notable reviews:
- Prosser's Review: William Prosser, a prominent legal scholar, praised the book upon its initial publication in 1957, calling it "a most excellent book".
- Undergraduate Favorite: Despite competition from other texts, "The Law of Torts" remains a firm favorite among undergraduates, reflecting its enduring value as a teaching resource.
- Academic Recognition: The book has been recognized as a classic in the field, with multiple editions published over the years, including the seventh and eighth editions.
Editions and Updates
The book has been updated several times, with new editions reflecting changes in the law and societal trends. For example:
- 7th Edition: Published in 1987, this edition is noted for its detailed coverage of tort law in England and Australia.
- 8th Edition: Although not explicitly mentioned in the sources, it is implied that subsequent editions continued to update the material, reflecting ongoing changes in the law of torts.
In summary, "The Law of Torts" by John G. Fleming is a highly regarded textbook that provides a comprehensive and historically informed approach to understanding tort law. Its clarity, depth, and critical reception make it a foundational text in the field.