|
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
"Injury" offers the first sustained anthropological analysis and
critique of American injury law. The book approaches injury law as
a symptom of a larger American injury culture, rather than as a
tool of social justice or as a form of regulation. In doing so, it
offers a new understanding of the problematic role that law plays
in constructing Americans' relations with the objects they
consume.
Through lively historical analyses of consumer products and
workplace objects ranging from cigarettes to cheeseburgers and
computer keyboards to airbags, Jain lucidly illustrates the real
limits of the product safety laws that seek to redress consumer and
worker injury. The book draws from a wide range of materials to
demonstrate that American law sets out injury as an exceptional
state, one that can be redressed through imperfect systems of
monetary compensation. "Injury" demonstrates how laws are unable to
accommodate the ways in which physical differences among citizens
are imposed by the physical objects of culture that distribute risk
differently among populations. The book moves between detailed
accounts of individual legal cases; historical analyses of
advertising, product design, regulation, and legal history; and a
wide reading of cultural theory.
Drawing on an extensive knowledge of law and social theory,
this innovative book will be essential reading for anyone with an
interest in design, consumption, and the politics of injury.
Since its first appearance in 1986, this magisterial work has won
uniform praise from many of the world's leading comparatists. It
has been acclaimed by senior judges and has been cited by the
courts of many countries. This new, substantially rewritten and
systematically updated fifth edition of the work, contains over 95
leading judgments, most translated in their entirety, along with
references to over 2,000 other decisions from Germany and the
common law world. While the book remains an ideal tool for teaching
comparative torts and comparative methodology, the fact that it has
been extensively rewritten makes it an indispensable source of
inspiration for those with a professional interest in tort
litigation and tort law reform. This edition has paid particular
attention to liability for internet activity, medical liability and
the protection of personality rights and private life.
The publication of Scholars of Tort Law marks the beginning of a
long overdue rebalancing of private law scholarship. Instead of
concentrating on judicial decisions and academic commentary only
for what that commentary says about judicial decisions, the book
explores the contributions of scholars of tort law in their own
right. The work of a selection of leading scholars of tort law from
across the common law world, ranging from Thomas Cooley (1824-1898)
to Patrick Atiyah (1931-2018), is addressed by eminent current
scholars in the field. The focus of the contributions is on the
nature of the work produced by each of the scholars in question,
important influences on their work, and the influence which that
work in turn had on thinking about tort law. The process of
subjecting tort law scholarship to sustained analysis provides new
insights into the intellectual development of tort law and reveals
the important role played by scholars in that development. By
focusing on the work of influential tort scholars, the book serves
to emphasise the importance of legal scholarship to the development
of the common law more generally.
This leading casebook covers all major aspects of tort law with
expertly edited cases and original text. The principal focus of
this book is the law of negligence, strict liability, and no-fault
legislation as alternative approaches to compensating the victims
of accidental harm and creating optimal incentives for safety. The
chapter on intentional torts has been restructured to facilitate
its use to start off the course for those instructors desiring to
do so. The book also includes comprehensive chapters on products
liability, damages and insurance, defamation, privacy, economic
torts, and a revamped and updated chapter on alternatives to tort
law, including the "tort reforms" of the past half century. Notes
and questions following principal cases are designed to supplement
students' knowledge about the subject matter of the case and
related areas as well as to encourage them to think critically
about judicial opinions and tort policy. This Eleventh Edition
reflects evolving developments in recent case law and legislative
activity, as well as materials and commentary ranging from the
soon-to-be completed Third Restatement project on Intentional Torts
to continuing tort issues arising from the Internet to important
civil justice issues of the day.
|
|