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Professor Allan Beever 

Position: Professor of Law
Division/Portfolio: University of South Australia Business School
School/Unit: School of Law
Campus: City West Campus
Office: LB1-05
Telephone: +61 8 830 29100
Fax: +61 8 830 27128
Email: Allan_dot_Beever_at_unisa_dot_edu_dot_au
URL for Business Card: http://people.unisa.edu.au/Allan.Beever
(Allan Beever is currently on leave - last day on leave is Monday, 22 September 2014)

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Professor Allan Beever joined the law school in 2011. He previously held positions at the Universities of Southampton, Durham and Auckland and at the Max Plank Institute for Comparative and International Private Law, Hamburg. He has also held a visiting position at the University of Ottawa.

He has won the following significant awards for his research:

  • Major Research Fellowship, Leverhulme Trust, United Kingdom, 2009-2011

  • Birks Prize for Outstanding Legal Scholarship (2nd), Society of Legal Scholars, United Kingdom, 2007 (for Rediscovering the Law of Negligence)

  • von Humboldt Research Fellowship (12 month, extended to 20 months), Alexander von Humboldt Foundation, Germany, 2005-2006

  • Early Career Research Excellence Award, University of Auckland, 2004

  • Sir Ian Barker Published Article Award, Legal Research Foundation, NZ, 2002 (for ‘Cause-in-Fact: Two Steps out of the Mire’)

Teaching interests

  • Professor Beever is interested in supervising PhD students in the following areas:
  • Tort law
  • The law of obligations
  • Legal theory and the philosophy of law
  • Comparative law
  • Political philosophy
  • The philosophy of Immanuel Kant


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Bachelor of Arts, University of Auckland, 1990

Master of Arts (Philosophy) with 1st Class Honours, University of Auckland, 1993

PhD (Philosophy), University of Auckland, 1998

Master of Studies in Law, University of Toronto, 2000

Research interests

  • Tort law

  • The law of obligations

  • Legal theory and the philosophy of law

  • Comparative law

  • Political philosophy

  • The philosophy of Immanuel Kant

Research publications

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Beever, Allan, The Law of Private Nuisance (Hart, Oxford 2013)

Beever, Allan, Forgotten Justice: A History of Political and Legal Theory (Oxford University Press, Oxford: 2013).

Beever, Allan, Rediscovering the Law of Negligence (Hart, Oxford: 2007)

Beever, Allan, Tort Law: Commentary and Materials (Brookers, Wellington: 2003)


Beever, Allan, ‘Our Most Fundamental Rights’ in Robertson, Andrew and Nolan, Donal (eds), Rights and Private Law (Hart, Oxford: 2011) 63-87

Beever, Allan, ‘Justice and Punishment in Tort: A Comparative Theoretical Analysis’ in Rickett, Charles (ed), Justifying Private Law Remedies (Hart, Oxford: 2008) 249-297


Beever, Allan, ‘The Declaratory Theory of Law’, (2013) 33 Oxford Journal of Legal Studies 421-444

Beever, Allan, ‘Kant on the Law of Marriage’, (2013) 18 Kantian Review 339-362

Beever, Allan, ‘Barclay v Penberthy and the Collapse of the High Court’s Tort Jurisprudence’ (2012) 31 University of Queensland Law Journal 307-317

Beever, Allan, ‘The Form of Liability in the Torts of Trespass’, (2011) 40 Common Law World Review 378-399

Beever, Allan, ‘Formalism in Music and Law’, (2011) 61 University of Toronto Law Journal 213-239

Beever, Allan, ‘The Future of Exemplary Damages in New Zealand’, (2010) 24 New Zealand Universities Law Review 197-221

Beever, Allan, ‘Agreements, Mistakes, and Contract Formation’, (2009) 20 King’s Law Journal 21-51

Beever, Allan, ‘Transferred Malice in Tort Law?’, (2009) 29 Legal Studies 400-420

Beever, Allan, ‘Corrective Justice and Personal Responsibility in Tort Law’, (2008) 28 Oxford Journal of Legal Studies 475-500

Beever, Allan, ‘Policy in Private Law: An Admission of Failure’, (2006) 25 University of Queensland Law Journal 287-306

Beever, Allan, ‘Gregg v Scott and Loss of a Chance’, (2005) 24 University of Queensland Law Journal 201-212

Beever, Allan and Rickett, Charles, ‘Interpretive Legal Theory and the Academic Lawyer’, (2005) 68 Modern Law Review 320-337

Beever, Allan, ‘Aristotle on Justice, Equity, and Law’, (2004) 10 Legal Theory 33-50

Beever, Allan, ‘Lord Hoffmann’s Mouse’, (2004) 10 New Zealand Business Law Quarterly 161-169

Beever, Allan, ‘A Rights-Based Approach to the Recovery of Economic Loss in Negligence’, (2004) 4 Oxford University Commonwealth Law Journal 25-49

Beever, Allan, ‘All at Sea in the Law of Negligent Misrepresentation’, (2003) 9 New Zealand Business Law Quarterly 101-108

Beever, Allan, ‘The Law’s Function and the Judicial Function’, (2003) 20 New Zealand Universities Law Review 299-319

Beever, Allan, ‘Particularism and Prejudice in the Law of Tort’, (2003) 11 Tort Law Review 146-167

Beever, Allan, ‘Perspectives of Responsibility in Law and Morality’, (2003) 27 Melbourne University Law Review 905-916

Beever, Allan, ‘The Structure of Aggravated and Exemplary Damages’, (2003) 23 Oxford Journal of Legal Studies 87-110

Beever, Allan, ‘Punishing the Innocent’, [2002] New Zealand Law Journal 359-360

Beever, Allan, ‘Cause-In-Fact: Two Steps Out of the Mire’, (2001) 51 University of Toronto Law Journal 327-366

Beever, Allan, ‘The Arousal Theory Again?’, (1998) 38 The British Journal of Aesthetics 82-90

Conference Papers/Lectures

Beever, Allan, ‘Defending Yesterday’s Orthodoxy: Revisiting the Declaratory Theory of Law’, Obligations VI: Challenging Orthodoxy, University of Western Ontario, 17-20 July 2012

Beever, Allan, ‘The Nature and Justification of Strict Liability’, North East Region Obligations Group, Sheffield University, 6th July , 2012.

Beever, Allan, ‘The Failure of the Modern Law’, Inaugural Lecture, Global Private Law Research Group, University of Leicester, 9th June, 2011

Beever, Allan, ‘Kant on Love and the Emotions’, Department of Philosophy, University of Otago, 19th May 2010

Beever, Allan, ‘Exemplary Damages After AG v Couch’, Faculty of Law, University of Otago, 18th May 2010

Beever, Allan, ‘Transferred Malice in Tort Law? ‘, The Society of Legal Scholars Annual Conference, London School of Economics, 15-18 September 2008

Beever, Allan, ‘Justice and Punishment in Tort: A Comparative Theoretical Analysis’, Obligations III: Justifying Remedies in the Law of Obligations, T.C. Beirne School of Law at the University of Queensland, 13-14 July 2006

Beever, Allan, ‘Theory and Democracy’, Emerging Issues in Tort Law, Faculty of Law at The University of Western Ontario, 9-10 June 2006

Beever, Allan, ‘History and Theory – Comments on Stephen Waddams’ Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning’, Obligations II: Principle and Policy in Private Law, University of Melbourne, 15-16 July 2004

Beever, Allan, ‘The Common Law – Where Economics Does Not Belong’, Law and Economics Association of New Zealand, Wellington, 22 February 2003

Beever, Allan, ‘Against Tort Imperialism’, Obligations I: The Law of Obligations, Connections and Boundaries, University of Melbourne, 21-22 February 2002

Beever, Allan, ‘Which Hybrid is Opera’, Australasian Association of Philosophy, University of Auckland, 15-16 July 1997

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