Tort wars / Joel Levin.

Format:

Book

Author/Creator:

Levin, Joel, 1951- author.

Language:

English

Subjects (All):

Torts.

Physical Description:

1 online resource (x, 247 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2008.

System Details:

text file

PDF

Summary:

Tort Wars brings together the diverse and usually insufficiently related strands of tort law and treats the moral, economic, and systemic problems running through those strands with a single analysis and theory. In that tort law employs theory at all, it is typically theory measured against notions of corrective justice or appeals to utility. Both have severe prescriptive restrictions and limited explanatory power and often stray from any useful description of tort cases in the courts. Tort Wars looks at the nature of dispute resolution techniques, criticizes the blasé justice and more esoteric utility theory, and examines the problems of both the legal academy and the veracity vacuum in the courtroom. Further, it explores the conceptual differences between tort and contract, locating contract as a subset of tort. It uses examples drawn from the edges of tort law in an attempt to measure central cases by the marginal ones and to provide a barometer of emerging legal and social change, achieved through imposing an individualized peace.

Contents:

Digesting torts : an explanation

Discovering tort law

Schoolyard spats

Fighting words

Tort encounters contract

War without the war

Once and future battlefields.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511840388

Access Restriction:

Restricted for use by site license.