May 2006 Vol. 104 No. 6 THE REVIEW

Farnsworth: Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Keith A. Rowley

To Err is Human

Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions. By E. Allan Farnsworth. Oxford: Oxford University Press. 2004. Pp. xiv, 216. $95.

There are many kinds of mistakes. One kind—a rational, well-intended act or decision resulting in unanticipated, negative consequences—was the focus of Allan Farnsworth’s previous foray into the realm of legal angst. Another kind—an act or decision prompted by an inaccurate, incomplete, or uninformed mental state and resulting in unanticipated, negative consequences—is the subject of the present book.

Like its predecessor, Alleviating Mistakes does not confine itself to contract law, Farnsworth’s home turf; it explores criminal, tort, restitution, and other areas of substantive law as well. As such, it paints on too large a canvas to capture its entirety in these relatively few pages. I will try to trace the outlines of the discussion, rearrange and synthesize elements to make the tableau easier to comprehend, and enhance certain aspects with supplemental material—all the while understanding that, just as a description of a painting is no substitute for seeing the original, this review is no substitute for reading Farnsworth’s book.

   //  VIEW PDF
& Other Current Events

Fall Submission Season

MLR’s Articles Office will open its fall submission season on Monday, August 18!  The Articles...

The Ninth Circuit's Treatment of Sexual Orientation: Defining “Rational Basis Review with Bite”

On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional...

Inhibiting Intrastate Inequalities: A Congressional Approach to Ensuring Equal Opportunity to Finance Public Education

The United States has exhibited a strong commitment to public education throughout its history. The local...

War Is Governance: Explaining the Logic of the Laws of War from a Principal-Agent Perspective

What is the purpose of the international law on armed conflict, and why would opponents bent on destroying...

Tariffication of the Coastwise Trade Laws

The coastwise trade laws prohibit foreign vessels and mariners from transporting goods or passengers...
MAILING LIST
Sign Up to Join Our Mailing List