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The Law of Torts (1907) [4] (for which Harvard University in 1911 awarded Salmond the James Barr Ames Prize for the best legal treatise published in the world over five years) Principles of the Law of Contracts (1927) with P. H. Winfield. [5] Two of these in particular, Salmond on Jurisprudence and Salmond on Torts, are regarded as legal classics.
John W Salmond. "Substantive Law and the Law of Procedure". The First Principles of Jurisprudence. Stevens & Haynes. Bell Yard, Temple Bar, London. 1893. Pages 215 to 218. Walter Denton Smith. A Manual of Elementary Law. West Publishing Co. St Paul, Minn. 1894. Pages 110 to 116. Part 2 (The Substantive Law). Pages 123 to 279.
Law professor John Chipman Gray's The Nature and Sources of the Law, an examination and survey of the common law, is also still commonly read in U.S. law schools. In the United States, Restatements of various subject matter areas (Contracts, Torts, Judgments, and so on.), edited by the American Law Institute , collect the common law for the area.
Rose v Plenty [1976] 1 WLR 141 is an English tort law case, on the issue of where an employee is acting within the course of their employment. Vicarious liability was tenuously found under John William Salmond's test for course of employment, which states that an employer will be held liable for either a wrongful act they have authorised, or a wrongful and unauthorised mode of an act that was ...
John Salmond was born the son of Major General Sir William Salmond and Emma Mary Salmond (née Hoyle). [1] His siblings included a brother, Geoffrey, [1] and sister, Gwen. [2] [3] After first being taught by a series of governesses he then attended Miss Dixon's School in Thurloe Square, London. [4]
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
A belief in the instrumental nature of the law. Like Dewey and Pound, the realists believed that law does and should serve social ends. Judges take account of considerations of fairness and public policy, and they are right to do so. [15] A desire to separate legal from moral elements in the law. The realists were legal positivists who believed ...
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...