This book offers a systematic and theoretical exploration of the law of negligence. It re-establishes the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as s/he sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the...

This book offers a systematic and theoretical exploration of the law of negligence. It re-establishes the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are, and must be, based on individual policy decisions, and that the task of the judge or commentator is to shape the law in terms of the relevant policies as s/he sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. Now in paperback, the...