Judicial choice and disparities between measures of economic values
D Cohen, JL Knetsch - Osgoode Hall LJ, 1992 - HeinOnline
The idea that the legal system should not move wealth from one person to another pervades
common law doctrine and reasoning. As Oliver Wendell Holmes stated," The general
principle of our law is that loss from accident must lie where it falls." 1 Common explanations
of that position focus on the political power and class bias of those who make legal
decisions and create legal rules. We propose an alternative interpretation of the historical
truism that" losses should lie where they fall." People value actual losses far more than …
common law doctrine and reasoning. As Oliver Wendell Holmes stated," The general
principle of our law is that loss from accident must lie where it falls." 1 Common explanations
of that position focus on the political power and class bias of those who make legal
decisions and create legal rules. We propose an alternative interpretation of the historical
truism that" losses should lie where they fall." People value actual losses far more than …
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