Date: Fri, 25 Jul 2003 10:37:53 -0400

From: Stephen Waddams

Subject: Policy and principle

From a historical point of view, Jason and Harold are, surely, both correct. That is, in the past, there are to be found BOTH frequent judicial statements in tort cases that policy considerations are to be excluded, AND frequent instances where policy considerations have certainly been influential, and even decisive. Jason, of course, may argue that it would be _desirable_ to exclude policy considerations from tort law, but that argument does not rest on historical grounds, nor could it be rebutted by historical evidence.

Stephen Waddams

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