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Tort wars [electronic resource] / Joel Levin.

By:

Levin, Joel, 1951-

Contributor(s):

ProQuest (Firm)

Material type: Text

TextPublication details: Cambridge ; New York : Cambridge University Press, 2008.Description: x, 247 pSubject(s):

Torts

DDC classification:

346.03 22

LOC classification:

K923 .L48 2008

Online resources:

Click here to download

Contents:

Digesting torts : an explanation -- Discovering tort law -- Schoolyard spats -- Fighting words -- Tort encounters contract -- War without the war -- Once and future battlefields.

Summary: Tort Wars brings together the diverse and usually insufficiently related strands of tort law and treats the moral, economic, and systemic problems running through those strands with a single analysis and theory. In that tort law employs theory at all, it is typically theory measured against notions of corrective justice or appeals to utility. Both have severe prescriptive restrictions and limited explanatory power and often stray from any useful description of tort cases in the courts. Tort Wars looks at the nature of dispute resolution techniques, criticizes the blasé justice and more esoteric utility theory, and examines the problems of both the legal academy and the veracity vacuum in the courtroom. Further, it explores the conceptual differences between tort and contract, locating contract as a subset of tort. It uses examples drawn from the edges of tort law in an attempt to measure central cases by the marginal ones and to provide a barometer of emerging legal and social change, achieved through imposing an individualized peace.

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Holdings
Item type	Current library	Collection	Call number	URL	Status	Date due	Barcode	Item holds
e-book	KNCHR Library SharePoint	Non-Fiction	K923 .L48 2008 (Browse shelf(Opens below))	Link to resource	Available

Total holds: 0

Includes bibliographical references (p. 229-234) and index.

Digesting torts : an explanation -- Discovering tort law -- Schoolyard spats -- Fighting words -- Tort encounters contract -- War without the war -- Once and future battlefields.

Tort Wars brings together the diverse and usually insufficiently related strands of tort law and treats the moral, economic, and systemic problems running through those strands with a single analysis and theory. In that tort law employs theory at all, it is typically theory measured against notions of corrective justice or appeals to utility. Both have severe prescriptive restrictions and limited explanatory power and often stray from any useful description of tort cases in the courts. Tort Wars looks at the nature of dispute resolution techniques, criticizes the blasé justice and more esoteric utility theory, and examines the problems of both the legal academy and the veracity vacuum in the courtroom. Further, it explores the conceptual differences between tort and contract, locating contract as a subset of tort. It uses examples drawn from the edges of tort law in an attempt to measure central cases by the marginal ones and to provide a barometer of emerging legal and social change, achieved through imposing an individualized peace.

Electronic reproduction. Ann Arbor, MI : ProQuest, 2015. Available via World Wide Web. Access may be limited to ProQuest affiliated libraries.

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