Logic for Lawyers: A Guide to Clear Legal Thinking by Ruggero J. Aldisert

Author:Ruggero J. Aldisert
Language: eng
Format: mobi
Tags: Trial practice, Law
Publisher: National Institute for Trial Advocacy
Published: 2012-02-26T16:00:00+00:00

How wide the sphere of the duty of care in negligence is to be laid depends ultimately upon the courts’ assessment of the demands of society for protection from the carelessness of others.

The reference in this passage to “the courts” in the plural is significant, for as Lord Devlin in the Court of Appeals had put it:

As always in English law, the first step in such an inquiry is to see how far the authorities have gone, for new categories in the law do not spring into existence overnight.

In the next section, Lord Diplock combines the processes of enumeration and analogy to justify the court’s use of public interest in a negligence case. He also describes how the process of inductive reasoning is used to arrive at the major premise.

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