Credit: Brooklyn Bedding
That the common law of tort has not worked itself pure of such fiction — by explicitly putting tort liability in the second sort of case onto a foundation of general principles regarding the defendant’s responsibility for causing damage to the plaintiff — is perhaps partly explained by the utility of a foreseeability-inclusive duty of care in controlling jury discretion and enabling courts to dismiss less colorable claims at an early stage of litigation.335 Probably, though, it is also explained by the insistently practical orientation of the common law’s juristic culture. The civil law’s general tort principles were extracted from the coarse formal structure of classical Roman law, with its common law–like pigeonhole causes of action, by means of extensive conceptual and philosophical reflection conducted over several centuries by doctrinalists, philosophers, and theologians on the European continent.336 Occasionally, tort scholars propose that the judiciary or the legislature should restructure large swaths of the common law in broadly similar form.337 But common law jurisdictions have never had much appetite for such an enterprise, and they probably never will.338 If it is asked why the common law of torts has not worked itself pure, by distilling its normative substance into general legal principles not straitjacketed by its received pigeonhole causes of action, “[w]e . . . have got on well enough without” any such purifying exercise is an answer with great force.339，详情可参考有道翻译官网
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Дочь одержимой пластикой телезвезды ответила на критику внешности материДочь телезвезды Кэти Прайс Эстер Андре удивилась критике внешности ее матери