Foreword: The Role of History in Tort Theory

Abstract

Claims about the nature of tort law are often coupled with historical claims. Thus, many mid-twentieth century proponents of an expansive, compensationoriented tort law argued strict liability was prevalent under the common law writ system. What is the purpose of such appeals to history? Are they necessary to tort theory, or merely tangential? Does the importance of history depend on whether the theory is descriptive or normative? In January 2018, at the Association of American Law Schools annual meeting in San Diego, California, the AALS Section on Torts and Compensation Systems convened a panel on The Role of History in Tort Theory. The participants were – Martha Chamallas, Robert J. Lynn Chair in Law at The Ohio State University Moritz College of Law; – Donald G. Gifford, Jacob A. France Professor of Torts at the University of Maryland Francis King Carey School of Law; – John C.P. Goldberg, Deputy Dean and Carter Professor of General Jurisprudence at Harvard Law School; – G. Edward White, David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law