Description
Book Synopsis: Tort Law and the Construction of Change studies the interaction of law and social change in American history. Tort law—civil law made by judges, not legislators—is traditionally thought to arise out of legal precedent. But Kenneth S. Abraham and G. Edward White show that American judges over the course of the previous two centuries also paid close attention to changing societal contexts in which lawsuits for civil injuries arose. They argue that two versions of history–one grounded in the application of previous legal rules and the other responsive to larger societal changes—must be considered in tandem to grasp fully how American civil law has evolved over time.
In five fascinating chapters, they cover understudied areas of tort law, such as liability for nonphysical harm—including lawsuits for defamation, privacy, emotional distress, sexual harassment, and the hacking of confidential information—and aspects of tort litigation that have now disappeared, such as the prohibition against "interested" parties testifying in civil actions or the intentional infliction of temporal damage without justification. What emerges is a picture of the complicated legal dance American judges performed to cloak their decisions to make at times radical changes in tort law in response to social transformations. When confronting established tort doctrines under pressure from emerging social changes, they found ways to preserve at least the appearance of doctrinal continuity.
Details
Discover the fascinating evolution of American civil law in Tort Law and the Construction of Change: Studies in the Inevitability of History. This insightful book delves into how tort law interacts with social change, shedding light on the deep connection between legal precedent and societal contexts. Uncover the intricate dance between legal rules and societal shifts that has shaped American tort law over the past two centuries.
Delve into the complexities of liability for nonphysical harm, including defamation, privacy violations, emotional distress, sexual harassment, and cyber breaches of confidential information. Learn about forgotten aspects of tort litigation, such as restrictions on "interested" parties testifying in civil cases and the deliberate infliction of temporal harm. Gain a comprehensive understanding of how American judges navigated the tension between upholding established doctrines and accommodating social transformations.
Embark on a journey through five captivating chapters that explore the nuanced development of tort law in response to changing societal norms. Uncover how judges adeptly balanced the need for doctrinal continuity with the imperative to adapt to the evolving landscape of civil injuries. Gain a fresh perspective on the intricate legal mechanisms that underpin the construction of change in American tort law.
Ready to delve into the enthralling world of tort law and societal transformation? Explore Tort Law and the Construction of Change today and deepen your knowledge of American legal history.
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