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The Psychology of Tort Law (Hardcover)
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The Psychology of Tort Law (Hardcover)
Series: Psychology and the Law
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Tort law regulates most human activities: from driving a car to
using consumer products to providing or receiving medical care.
Injuries caused by dog bites, slips and falls, fender benders,
bridge collapses, adverse reactions to a medication, bar fights,
oil spills, and more all implicate the law of torts. The rules and
procedures by which tort cases are resolved engage deeply-held
intuitions about justice, causation, intentionality, and the
obligations that we owe to one another. Tort rules and procedures
also generate significant controversy—most visibly in political
debates over tort reform. The Psychology of Tort Law explores tort
law through the lens of psychological science. Drawing on a wealth
of psychological research and their own experiences teaching and
researching tort law, Jennifer K. Robbennolt and Valerie P. Hans
examine the psychological assumptions that underlie doctrinal
rules. They explore how tort law influences the behavior and
decision-making of potential plaintiffs and defendants, examining
how doctors and patients, drivers, manufacturers and purchasers of
products, property owners, and others make decisions against the
backdrop of tort law. They show how the judges and jurors who
decide tort claims are influenced by psychological phenomena in
deciding cases. And they reveal how plaintiffs, defendants, and
their attorneys resolve tort disputes in the shadow of tort law.
Robbennolt and Hans here shed fascinating light on the tort system,
and on the psychological dynamics which undergird its functioning.
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