A History of Civil Litigation: Political and Economic Perspectives,
by Frank J. Vandall, studies the expansion of civil liability from
1466 to 1980, and the cessation of that growth in 1980. It
evaluates the creation of tort causes of action during the period
of 1400-1980. Re-evaluation and limitation of those developments
from 1980, to the present, are specifically considered.
The unique focus of the book is first, to argue that civil justice
no longer rests on historic foundations, such as, precedent,
fairness and impartiality, but has shifted to power and influence.
Reform in the law (legislative, judicial, and regulatory) is today
driven by financial interests, not precedent, not a neutral desire
for fairness, and not to "make it better." It uses products, cases
and policies for much of its argument. These policies can be
summarized as a shift from a balanced playing field, negligence, to
one that favors injured consumers. The strict liability
foreshadowed by Judge Traynor, in Escola v. Coca Cola (1944), was
not adopted until 1962, when Traynor wrote the majority opinion in
Greenman v. Yuba Power Products for the California Supreme Court.
Second, the book examines the role of persuasive non-governmental
agencies, such as the American Law Institute, in reforming and
shaping civil justice.
Never has it been less true that we live under the rule of law.
Congress, agencies and the courts make the law, but they are driven
by those who have a large financial stake in the outcome. Today,
those with power shape the character of products liability law, at
every turn.
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