|
Exploring Tort Law
By
M. Stuart Madden
Description
Independent of criminal or contract
law, Tort law provides individuals and groups with redress for injury
to every dimension of life from physical injury, to property damage,
to personal insult. Over past decades no body of law within the civil
justice system has experienced greater ferment than the law of Torts.
In the US, state courts, federal courts, and the Supreme Court have
all been active in the development of Tort policy. This edited
collection comprises new scholarship from many of today’s most
influential contributors regarding Torts and Compensation Systems
scholarship. Topics include an investigation of the original stimuli
for tort-type norms from ancient times to the present, a provocative
analysis of five tort landmarks from MacPherson v. Buick Motor Co. to
United States v. Carroll Towing Co, and a frank assessment of the
limitations of torts within broader compensation systems goals.
• An edited collection of essays
from many of today’s leading Tort theorists • Will be of
interest to UK students and academics, whose countries share a
similar tort system, but will also be useful to European countries
who share an interest in the Anglo-American legal system •
Treatment of subjects from analysis of classic landmark cases to
punitive damages makes this collection simultaneously timely and
historically grounded
Contents
Part I. Tort Law in the New Millennium:
Past as Prologue: 1. Tort Law through time and culture: themes of
economic efficiency M. Stuart Madden; 2. Past as prelude: the legacy
of five landmarks of twentieth-century injury law for the future of
Torts Robert L. Rabin; Part II. Compensation and Deterrence in the
Modern World: 3. Twenty-first century insurance and loss distribution
in Tort Law Kenneth S. Abraham; 4. Beyond master-servant: a critique
of vicarious liability Jennifer H. Arlen and W. Bentley McLeod; Part
III. Duty Rules, Courts, and Torts: 5. The disintegration of duty
Ernest J. Weinrib; 6. Managing the negligence concept: respect for
the rule of law James A. Henderson, Jr; 7. Rebuilding the citadel:
privity, causation, and freedom of contract Richard A. Epstein; 8.
Controlling the future of the common law by restatement Jane
Stapleton; 9. Information shields in Tort Law David G. Owen; 10. The
complexity of torts: the case of punitive damages Guido Calabresi;
11. The future of proportional liability: the lessons of toxic
substance causation Michael D. Green; Part IV. Torts in a Shrinking
World: 12. Causation in products liability and exposure to toxic
substances: a European view Federico Stella; 13. Collective rights
and collective actions: examples of European and Latin American
contributions Juan Carlos Henao.
Reviews
\\\' … it is rare to see conference
papers morph into an instant classic of original scholarship …
represents some of the best modern tort original scholarship …
exquisitely written … unveil[s] a treasure trove of concepts
prefiguring tort law in the ancient law.\\\' Bimonthly Review of Law
Books
\\\' … excellent collection of
essays …\\\' Tort and Insurance Law Yearbook
Contributors
M. Stuart Madden, Robert L. Rabin,
Kenneth S. Abraham, Jennifer H. Arlen, W. Bentley McLeod, Ernest J.
Weinrib, James A. Henderson Jr., Richard A. Epstein, Jane Stapleton,
David G. Owen, Guido Calabresi, Michael D. Green, Federico Stella,
Juan Carlos Henao
|
Home
Login