Tort law is the body of law governing negligence, intentional
misconduct, and other wrongful acts for which civil actions can be
brought. The conventional wisdom is that the rules, concepts, and
structures of tort law are neutral and unbiased, free of
considerations of gender and race.
In The Measure of Injury, Martha Chamallas and Jennifer Wriggins
prove that tort law is anything but gender and race neutral.
Drawing on an in-depth analysis of case law ranging from the Jim
Crow South to the 9/11 Victim Compensation Fund, the authors
demonstrate that women and minorities have been under-compensated
in tort law and that traditional biases have resurfaced in updated
forms to perpetuate patterns of disparate recovery based on race
and gender. Grappling with tort theory, the intricacies of legal
doctrine and the practical effects of legal rules, The Measure of
Injury is a unique treatise on torts that uncovers the public and
cultural dimensions of this always-controversial domain of private
law.
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