Journal of Tort Law
Founded by Coleman, Jules
Editor-in-Chief: Robinette, Christopher
Editorial Board: Geistfeld, Mark A / Goldberg, John / Perry, Ronen / Sharkey, Catherine M. / Witt, John / Zipursky, Benjamin
CiteScore 2018: 0.50
SCImago Journal Rank (SJR) 2018: 0.415
Source Normalized Impact per Paper (SNIP) 2018: 2.042
This Comment on John Witts Article examines the uses of the different kinds of history of accident law that Witt identifies. I argue that the significant distinction, for those who seek to use accidental laws history in normative legal scholarship, is between what Witt calls contingency and inevitability narratives, on the one hand, and immanence narratives, on the other hand. The former tend to permit us to argue about accident laws future, whereas the latter tend to constrain us.