Studies in American Tort Law is a careful mix of law, policy, ethics, and economics designed for first-year torts courses. Recognizing that torts is a prime battleground for social policy, this book seeks to reflect not only the current rules on injury compensation, but also the policy choices underlying those rules. The text moves from simple concepts and elementary rules to ones that are more complex or elusive. Within a clear, doctrinal framework, a range of views is presented, reflecting dominant themes in tort law, such as fault, proportionality, deterrence, internationalization of costs, and distribution of losses. These views are explored with special attention to issues at the cutting-edge of 21st century tort litigation. The fifth edition reflects the highly dynamic nature of the torts field. The book includes thirty-one new principal cases, hundreds of citations to recent opinions and statutes, and comprehensive references to the Restatement (Third) of Torts.
Mastering Torts presents in a clear, narrative form a doctrinal overview of the law of torts. Designed especially for law students, this hornbook-like treatment is a mixture of doctrinal condensation and factual exploration that can be used with the fourth edition of Studies in American Tort Law or with other torts casebooks.
In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.
The literary study of emotion is part of an important revisionary movement among scholars eager to recast emotional politics for the twenty-first century. Looking beyond the traditional categories of sentiment, sensibility, and sympathy, Jennifer Travis suggests a new approach to reading emotionalism among men. She argues that the vocabulary of injury, with its evaluations of victimhood and its assessments of harm, has deeply influenced the cultural history of emotions. From the Civil War to the early twentieth century, Travis traces the history of male emotionalism in American discourse. She argues that injury became a comfortable vocabulary--particularly among white middle-class men--through which to articulate and to claim a range of emotional wounds. The debates about injury that flourished in the cultural arenas of medicine, psychology, and the law spilled over into the realm of fiction, as Travis demonstrates through readings of works by Stephen Crane, William Dean Howells, Willa Cather, Henry James, and Edith Wharton. Travis concludes by linking this history to twenty-first-century preoccupations with "pain-centered politics," which, she cautions, too often focuses only on women and racial minorities.
This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy
Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.