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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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The Duty to Act - Tort Law, Power, and Public Policy (Paperback)
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The Duty to Act - Tort Law, Power, and Public Policy (Paperback)
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A woman terrified by the threats of a jilted suitor is denied
police protection. A workman collapses on the job and the employer
is slow to help him. A bully in a bar begins to carry out threats
of serious injury to a customer, after the bartender's
lackadaisical response. Springing from varied areas of human
activity, such cases occupy an important area of the legal
battleground called modern tort law. They also provide the basis
for a fascinating legal analysis by Marshall S. Shapo. Tort law is
an important social mediator of events surrounding personal
injuries. It impinges on many other areas of the law-those dealing
with crime, constitutional protections against government officials
and agencies, and property rights. Since litigated tort cases often
involve brutal treatment or accidents inflicting severe physical
harm, this area of the law generates much emotion and complex legal
doctrine. Shapo cuts through the emotion and the complexity to
present a view of these problems that is both legally sound and
intuitively appealing. His emphasis is on power relationships
between private citizens and other individuals, as well as between
private persons and governments and officials. He undertakes to
define power in a meaningful way as it relates to many tort issues
faced by ordinary citizens, and to make this definition precise by
constant reference to concrete cases. His particular focus is on an
age-old problem in tort law: the question of when a person has a
duty to aid another in peril. In analyzing a large number of cases
in this category, Shapo develops an analysis that blends
considerations of economic efficiency and humanitarian concern.
Recognizing that economic considerations are significant in
judicial analysis of these cases, he emphasizes elements that go
beyond a simple concern with efficiency, especially the ability of
one person to control another's actions or exposure to risk. These
considerations of power and corresponding dependence provide the
basis for Shapo's study of the duties of both private citizens and
governments to prevent injury to others. Calling on a broad range
of legal precedents, he also refers to social science research
dealing with the behavior of bystanders when fellow citizens are
under attack. Beyond his application of a power-based analysis to
litigation traditionally based in tort doctrine, Shapo offers some
speculative suggestions on the possible applicability of his views
to several controversial areas of welfare law: medical care,
municipal services, and educational standards. This book was
written with a view to readership by interested citizens as well as
legal scholars, judges, and practicing attorneys.
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