As is well known, Holmes’s theory of liability rested on two interlocking principles. First, the primary purpose of the law is to ‘induce external conformity to rule’, [
The Common Law, (M. DeW. Howe edn., 1963), p. 42.] and second, personal moral blameworthiness is not generally an ingredient of liability. [
Ibid., pp. 42-3.] I turn first to
(
Read more... )