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Exploring the Domain of Accident Law - Taking the Facts Seriously (Hardcover)
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Exploring the Domain of Accident Law - Taking the Facts Seriously (Hardcover)
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In the mid 1980s, there was a crisis in the availability,
affordability, and adequacy of liability insurance in the United
States and Canada. Mass tort claims such as the asbestos, DES, and
Agent Orange litigation generated widespread public attention, and
the tort system came to assume a heightened prominence in American
life. While some scholars debate whether or not any such crisis
still exists, there has been an increasing political, judicial and
academic questioning of the goals and future of the tort system.
Exploring the Domain of Tort Law reviews the evidence on the
efficacy of the tort system and its alternatives. By looking at
empirical evidence in five major categories of
accidents--automobile, medical malpractice, product-related
accidents, environmental injuries, and workplace injuries--the
authors evaluate the degree to which the tort system conforms to
three normative goals: deterrence, corrective justice, and
distributive justice. In each case, the authors review the
deterrence and compensatory properties of the tort system, and then
review parallel bodies of evidence on regulatory, penal, and
compensatory alternatives.
Most of the academic literature on the tort system has
traditionally been doctrinal or, in recent years, highly
theoretical. Very little of this literature provides an in-depth
consideration of how the system works, and whether or not there are
any feasible alternatives. Exploring the Domain of TortLaw
contributes valuable new evidence to the tort law reform debate. It
will be of interest to academic lawyers and economists, policy
analysts, policy professionals in government and research
organizations, and all those affected by tort law reform.
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