Document Type



Analysis of Tort Cases, 35 West Virginia Law Quarterly 323 (1929)


The discussion of any problem of law must begin with the
assumption that it can be adequately handled by some accepted
legal theory, or that it can be made to submit to some
such theory yet to be designed. An adequate working
hypothesis is as necessary to a legal science as to any other
science. Needless to say there has been no comprehensive
system of legal theory designed to take care of all the problems
which arise under government. Any system which there
may be is made up of numerous fragmentary parts, each
fashioned to handle a particular group of problems, and
even these larger parts are made up of still smaller fragments.
For instance, there are groups of contract problems,
agency problems, corporation problems, tort problems, but
each one of these groups is controlled by a conglomerate of
theories rather than by a single theory. Difficulties and misunderstandings
arise largely out of the clashings and contradictions
of a multitude of helter-skelter theories improvised
for the day and perpetuated to plague legal science

Date of Authorship for this Version



legal theory, tort, judicial process