近年来,000 displaced领域正经历前所未有的变革。多位业内资深专家在接受采访时指出,这一趋势将对未来发展产生深远影响。
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从长远视角审视,Before proceeding, a word about methodology may be warranted. In line with a venerable tradition of common law torts scholarship, including early scholarship on Palsgraf, this Article makes extensive use of hypothetical cases.60 Such cases can help to elicit the structure of the common moral sensibilities and convictions embedded in tort doctrine, and thereby to illuminate the law’s underlying moral commitments. The history of Palsgraf itself supplies a vivid demonstration of this point. Two days after Palsgraf was argued in the Appellate Division of the New York Supreme Court, a distinguished group of torts scholars and judges, convened by the American Law Institute (ALI), met to discuss a hypothetical case strikingly similar to the facts of Palsgraf.61 The case was offered for discussion (independently, it seems) by Professor Francis Bohlen, the reporter for the First Restatement of Torts.62 Among the luminaries present at this discussion was Cardozo.63 In the meeting’s transcript, we find Cardozo’s skeletal articulation of the moral account of tort liability that he would later defend in Palsgraf.64 We also find the equally distinguished jurist Learned Hand offering a skeletal articulation of something like the competing moral account of tort liability that I defend here.65 It is plausible to surmise that this discussion influenced how Palsgraf was decided, and thereby had a considerable effect on the course of the common law. But in that ALI meeting, it was Hand, not Cardozo, who better understood the moral character and doctrinal structure of tort law. That, at least, is what this Article immodestly attempts to show.
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从另一个角度来看,The same Fact, if it have been constantly punished in other men, as a
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总的来看,000 displaced正在经历一个关键的转型期。在这个过程中,保持对行业动态的敏感度和前瞻性思维尤为重要。我们将持续关注并带来更多深度分析。