Abstract
The paper critically examines the consensus among tort scholars that an injured view can never be actionable in nuisance. The consensus, it is argued, is based on a problematic understanding of the permanence of early modern nuisance authority, and a neglect of modernisation in the definition of actionable injury in the nineteenth century, in response to industrialisation, urbanisation and, crucially, suburbanisation. David Sugarman’s ‘textbook tradition’ provides a valuable disciplinary explanation for the mismatch between scholarly portrayals of doctrine and authoritative judicial formulations in decided cases.
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Ben Pontin, A room with a view in English nuisance law: exploring modernisation hidden within the ‘textbook tradition’, Legal Studies, https://doi.org/10.1017/lst.2018.3. Published online: 28 September 2018.
First posted 2018-10-01 06:03:30
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