Shallow Dives

Unlike most legal principles that require proof of intent or negligence, strict liability holds parties responsible regardless of fault. This seemingly harsh rule actually functions as sophisticated social technology—aligning incentives, reducing litigation costs, and forcing risk onto those best positioned to manage it.

In 1805, two New York farmers fought over a dead fox in court, creating a precedent that still defines how we think about ownership today. This bizarre case reveals how law evolves through unexpected conflicts.