drh20@cam.ac.uk
Faculty Contact Details
Room: LE 18/5
Tel: (3)37120
College Contact Details
Room: O9a Clare
Tel: (3)65060
Professor of Law and Public Policy (Department of Land Economy)
MA (Cantab), MPhil, LL.M. (Yale)
Interests
Tort, Comparative Law, Jurisprudence, Economic Analysis of Law, Sociology of Law, Environmental Law, Law and Politics, Public Law
Research centres and interest groups
CV / Biography
*Fellow, Clare College, Cambridge
Honorary Bencher, Middle Temple
See further https://www.landecon.cam.ac.uk/directory/david-howarth/
Publications
Books
Law as Engineering: Thinking about what lawyers do (Elgar, 2013)
Publisher:
ISBN:
0857933779
ISBN 13:
978-0857933775
Published Feb 2013
Hepple and Matthews, Tort: Cases and Materials (with Martin Matthews, Colm O'Cinneide Jonathan Morgan and Bob Hepple) (OUP, 2008) 6th Edition
Publisher:
ISBN 13:
978-0-19-920384-0
Published Oct 2008
Textbook on Tort (Butterworths, 1995)
Publisher:
Published May 1995
Articles
"The Place of Tort Law in the Public Transport System: The Case of the British Railway " Journal of European Tort Law 9(2):191-225
Citation:
Journal of European Tort Law 9(2):191-225
DOI:
http://doi.org/10.1515/jetl-2018-0110
Published: Sep 2018
"H.L.A. Hart's secondary rules: what do ‘officials’ really think? " International Journal of Law in Context 1-26 24 Apr 2017
Citation:
International Journal of Law in Context 1-26 24 Apr 2017
DOI:
http://doi.org/10.1017/S1744552317000192
Published: Apr 2017
"Libel: Its Purpose and Reform" [2011] Modern Law Review 845-877
Citation:
[2011] Modern Law Review 845-877
Published: Nov 2011
"The Backbench Business Committee of the House of Commons" [2011] Public Law 490-98
Citation:
[2011] Public Law 490-98
Published: Oct 2011
"The Costs of Libel Actions: A Sceptical Note" [2011] Cambridge Law Journal 397-419
Citation:
[2011] Cambridge Law Journal 397-419
Published: Mar 2011
"The Criminal Evidence (Witness Anonymity) Act 2008’" (2008) 8 Archbold News 6-10
Citation:
(2008) 8 Archbold News 6-10
Published: Sep 2008
"Many Duties of Care - Or A Duty of Care?" Notes from the Underground Oxford Journal of Legal Studies Volume 26, Number 3, 2006 , pp. 449-472
Citation:
Notes from the Underground Oxford Journal of Legal Studies Volume 26, Number 3, 2006 , pp. 449-472
Published: Nov 2006
"Against Lumley v Gye" (2005) 68(2) Modern Law Review 195-232
Citation:
(2005) 68(2) Modern Law Review 195-232
Published: Mar 2005
"Poisoned Wells: "Proximity" and "Assumption of Responsibility" in Negligence. Sutradhar v NERC" [2005] Cambridge Law Journal 23-26
Citation:
[2005] Cambridge Law Journal 23-26
Published: Mar 2005
"Civil Liability for GM Farming: GM crops and the existing law" (2004) 12(5) Environmental Liability 185
Citation:
(2004) 12(5) Environmental Liability 185
Published: Dec 2004
"Public Authority Non-Liability: Spinning out of Control?" [2004] CLJ 542
Citation:
[2004] CLJ 542
Published: Nov 2004
"Civil Liability for GM Farming: unanswered questions" (2004) 12(4) Environmental Liability 137
Citation:
(2004) 12(4) Environmental Liability 137
Published: Aug 2004
"Nuisance and the House of Lords: Squaring the Triangle" [2004] Journal of Environmental Law 233
Citation:
[2004] Journal of Environmental Law 233
Published: Jun 2004
"The House of Lords and the Animals Act: Closing the Stable Door" [2003] CLJ 548-551
Citation:
[2003] CLJ 548-551
Published: Nov 2003
"Is Law A Humanity (Or is it more like Engineering?)" (2003) 3(1) Arts and Humanities in Higher Education 7-26
Citation:
(2003) 3(1) Arts and Humanities in Higher Education 7-26
Published: Oct 2003
"Confidence, Data Protection and the Supermodel" [2003] C.L.J. 17
Citation:
[2003] C.L.J. 17
Published: Mar 2003
"Muddying the Waters: Tort Law and the Environment" [2002] Washburn Law Journal 469-513
Citation:
[2002] Washburn Law Journal 469-513
Published: Jun 2002
"Privacy, Confidentiality and the Cult of Celebrity" [2002] CLJ 264-268
Citation:
[2002] CLJ 264-268
Published: Jun 2002
"Three Forms of Responsibility: On the Relationship Between Tort Law and the Welfare State" [2001] CLJ 553-580
Citation:
[2001] CLJ 553-580
Published: Nov 2001
"On the Question 'What is Law?' (2000) 6(3) Res Publica 259" (2000) 6(3) Res Publica 259
Citation:
(2000) 6(3) Res Publica 259
Published: Nov 2000
"Complexity Strikes Back: Valuation in the House of Lords" (2000) 8 Tort Law Rev 85
Citation:
(2000) 8 Tort Law Rev 85
Published: Jun 2000
"Towards a Guilt-Free Society" Times Literary Supplement 5 June 1998, pp. 11-12
Citation:
Times Literary Supplement 5 June 1998, pp. 11-12
Published: Jun 1998
"My Brother's Keeper: Liability for the acts of third parties" [1994] Legal Studies 88
Citation:
[1994] Legal Studies 88
Published: Mar 1994
"Negligence after Murphy: Time to rethink" [1991] CLJ 58-99
Citation:
[1991] CLJ 58-99
Published: Mar 1991
"The Autonomy of Labour Law: A reply to Professor Wedderburn" 17 Industrial L.J. 11 (1988)
Citation:
17 Industrial L.J. 11 (1988)
Published: Oct 1988
"O Madness of Discourse: Causation and the Law" 96 Yale L.J. 1389-1424 (1987)
Citation:
96 Yale L.J. 1389-1424 (1987)
Published: Oct 1987
"Neutral Principles for Employers" [1987] CLJ 227
Citation:
[1987] CLJ 227
Published: Jul 1987
"Frustration for Labour Lawyers" [1987] CLJ 47
Citation:
[1987] CLJ 47
Published: Mar 1987
"Church and State in Employment Law" [1986] Cambridge L.J. 404
Citation:
[1986] Cambridge L.J. 404
Published: Jun 1986
"The Truck Act 1896 - Last Rites" [1986] CLJ 30
Citation:
[1986] CLJ 30
Published: Mar 1986
"Bristow v. City Petroleum; Sealand v. Barratt" [1986] Industrial L.J. 190
Citation:
[1986] Industrial L.J. 190
Published: Mar 1986
"A History of British Regional Policy in the 1970s" 2 Yale & Policy Rev. (1984) 215-255
Citation:
2 Yale & Policy Rev. (1984) 215-255
Published: Mar 1984
"More concern for cause" 4 Legal Studies 131 (1984)
Citation:
4 Legal Studies 131 (1984)
Published: Mar 1984
Book Chapters
"Lawyers and the Rule of Law" (with ,,), Handbook on the Rule of Law (Elgar, 2018)
Publisher:
ISBN 13:
978 1 78643 243 8
Published Aug 2018
"Does Law Wear Out?" (with ,,), Engineering a Better Future Interplay between Engineering, Social Sciences and Innovation (Springer, 2018)
Publisher:
ISBN 13:
9783319911335
Published Aug 2018
"Of Power Cables and Bridges: Individual Rights and Retrospectivity in Miller and Beyond " (with ,,), The UK Constitution After Miller Brexit and Beyond. (Hart, 2018)
Publisher:
ISBN 13:
9781509916405
Published Jul 2018
" Socio-economic analysis of the EU Common approach on liability rules and insurance related to connected and autonomous vehicles " (with C. Rohr, F. Dunkerley), A Common EU Approach to Liability Rules and Insurance for Connected and Autonomous Vehicles European Added Value Assessment Accompanying the European Parliament's Legislative Own-initiative Report (European Parliament, 2018)
"Is the Lex Parliamentaria Really Law? The House of Commons as a Legal System" (with None ), Essays on the History of Parliamentary Procedure (Hart, 2017), pp. 311-322
Publisher:
Pages:
311-322
ISBN 13:
978-1-5099-0020-6
Published Dec 2017
"Removing precariousness: a conceptual note" (with None), Approches franco-britanniques de la précarité (LGDJ, 2016), pp. 161-169
"The Politics of Public Law", Cambridge Companion to Public Law (Cambridge University Press, 2015), pp. 37-55
"Lawyers in the House of Commons" (with David Feldman), Law in Politics, Politics in Law (Hart, 2013), pp. 41-64
Publisher:
Pages:
41-64
ISBN 13:
9781849464734
Published Dec 2013
"The House of Lords: Central Policy Issues" (with A. Fitzpatrick), The End of the Peer Show? (Constitution Society, 2011), pp. 99-108
"Defences to the Intentional Torts" (with C. Sappideen and P. Vines), Fleming's Law of Torts (Thomson-Reuters, 2011), pp. 87-115
Publisher:
Pages:
87-115
ISBN 13:
978-0455218274
Published Apr 2011
"Intentional Torts" (with C. Sappideen and P. Vines), Fleming's Law of Torts (Thomson-Reuters, 2011), pp. 23-48
Publisher:
Pages:
23-48
ISBN 13:
978-0455218274
Published Apr 2011
"The General Conditions of Unlawfulness" (with A. Hartkamp, M. Hesselink, E. Hondius, C.Mak and C.E. du Perron), Towards a European Civil Code 4th edition (revised and expanded) (Wolters Kluwer/ Ars Aequi Libri, Alphen aan den Rijn, 2010), pp. 845-885
"What is Social Liberalism?" (with D. Brack, R. Grayson and D. Howarth), Reinventing the State (Politico's, London, 2007)
Publisher:
Published Sep 2007
"The Duty of Care" (with K Oliphant et al), Law of Tort (Butterworths Common Law Series) (Butterworths, 2007)
Publisher:
Published Jul 2007
"'Economic Concepts: Markets and Prosperity', 'Economic Concepts: Welfare State', Rationality', 'Hobhouse', 'Rawls', and 'Weber'" (with D Brack and E Randall), Dictionary of Liberal Thought (Politico's Publishing Ltd, 2007)
Publisher:
Published Feb 2007
"Energy: A sustainable non-nuclear future" (with D. Astle et al), Britain after Blair (Profile Books Ltd, 2006)
Publisher:
Published Sep 2006
"The General Conditions of Unlawfulness" (with A Hartkamp et al), Towards a European Civil Code (Kluwer, The Hague, 2004)
Publisher:
Published Jul 2004
"Profits from Breach of Contract" (with S Hedley and M Halliwell), The Law of Restitution (Butterworths Common Law Series, 2002) (Butterworths, 2002), pp. 207-230
"Restitution for Torts and Miscellaneous Other Wrongs" (with S Hedley and M Halliwell), The Law of Restitution (Butterworths Common Law Series, 2002) (Butterworths, 2002), pp. 231-272
"General Defences" (with A Grubb), The Law of Tort (Butterworths Common Law Series, 2001) (Butterworths, 2001), pp. 145-185
"The Duty of Care" (with A Grubb), The Law of Tort (Butterworths Common Law Series, 2001) (Butterworths, 2001), pp. 503-587
"The General Conditions of Unlawfulness" (with Hartkamp, Heeselink, Hondius et al), Towards a European Civil Code II (Kluwer Law International, 1998), pp. 397-431
"Is there a future for the intentional torts?" (with P Birks), The Classification of Obligations (OUP, 1997), pp. 233-282
"Economic Loss in England: The search for coherence" (with E Banakas), Civil Liability for Pure Economic Loss (Kluwer, 1996), pp. 27-54
"Making Sense Out of Nonsense" (with Gross and Harrison), Jurisprudence: Cambridge Essays (OUP, 1992)
Publisher:
Published Jun 1992
Book Reviews
Bowing and Scraping: How the law favours the Royal Family Times Literary Supplement 30 June 2017
Published Jun 2017
A Coalition is Born [2011] Journal of Liberal History 40-45
Published Jun 2011
In the Theatre State Times Literary Supplement 11 March 2011, p 23
Published Mar 2011
Case Notes
Fear and Loathing in Dorset: No public authority duty to protect? (2018) 77(2) CLJ 248-251
DOI:
10.1017/S000819731800048X
Published: Jul 2018
Noise and Nuisance (2014) 73(2) CLJ 247-250
DOI:
https://doi.org/10.1017/S000819731400066X
Published: Jul 2014
Reports
The Jackson Review: Lessons and Consequences
Body / Institution:
in K. Oliphant et al. On a slippery slope (Working Group on Civil Justice, 2011),
Link to report
Published: Feb 2011