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Exploring Tort Law

Exploring Tort Law

M. Stuart Madden, Robert L. Rabin, Kenneth S. Abraham, Jennifer H. Arlen, W. Bentley McLeod, Ernest J. Weinrib, James A. Henderson Jr., Richard A. Epstein, Jane Stapleton, David G. Owen, Guido Calabresi, Michael D. Green, Federico Stella, Juan Carlos Henao
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  • Date Published: September 2005
  • availability: Available
  • format: Hardback
  • isbn: 9780521851367


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About the Authors
  • Independent of criminal or contract law, Tort law provides individuals and groups with redress for injury to every dimension of life from physical injury, to property damage, to personal insult. Over past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. In the US, state courts, federal courts, and the Supreme Court have all been active in the development of Tort policy. This edited collection comprises scholarship from many of today's most influential contributors regarding Torts and Compensation Systems scholarship. Topics include an investigation of the original stimuli for tort-type norms from ancient times onwards, a provocative analysis of five tort landmarks from MacPherson v. Buick Motor Co. to United States v. Carroll Towing Co, and a frank assessment of the limitations of torts within broader compensation systems goals.

    • An edited collection of essays from many leading Tort theorists
    • Will be of interest to UK students and academics, whose countries share a similar tort system, but will also be useful to European countries who share an interest in the Anglo-American legal system
    • Treatment of subjects from analysis of classic landmark cases to punitive damages makes this collection simultaneously timely and historically grounded
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    Reviews & endorsements

    ' … it is rare to see conference papers morph into an instant classic of original scholarship … represents some of the best modern tort original scholarship … exquisitely written … unveil[s] a treasure trove of concepts prefiguring tort law in the ancient law.' Bimonthly Review of Law Books

    ' … excellent collection of essays …' Tort and Insurance Law Yearbook

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    Product details

    • Date Published: September 2005
    • format: Hardback
    • isbn: 9780521851367
    • length: 506 pages
    • dimensions: 229 x 152 x 29 mm
    • weight: 0.84kg
    • contains: 2 b/w illus. 7 tables
    • availability: Available
  • Table of Contents

    Part I. Tort Law in the New Millennium: Past as Prologue:
    1. Tort Law through time and culture: themes of economic efficiency M. Stuart Madden
    2. Past as prelude: the legacy of five landmarks of twentieth-century injury law for the future of Torts Robert L. Rabin
    Part II. Compensation and Deterrence in the Modern World:
    3. Twenty-first century insurance and loss distribution in Tort Law Kenneth S. Abraham
    4. Beyond master-servant: a critique of vicarious liability Jennifer H. Arlen and W. Bentley McLeod
    Part III. Duty Rules, Courts, and Torts:
    5. The disintegration of duty Ernest J. Weinrib
    6. Managing the negligence concept: respect for the rule of law James A. Henderson, Jr
    7. Rebuilding the citadel: privity, causation, and freedom of contract Richard A. Epstein
    8. Controlling the future of the common law by restatement Jane Stapleton
    9. Information shields in Tort Law David G. Owen
    10. The complexity of torts: the case of punitive damages Guido Calabresi
    11. The future of proportional liability: the lessons of toxic substance causation Michael D. Green
    Part IV. Torts in a Shrinking World:
    12. Causation in products liability and exposure to toxic substances: a European view Federico Stella
    13. Collective rights and collective actions: examples of European and Latin American contributions Juan Carlos Henao.

  • Editor

    M. Stuart Madden, Pace University, New York
    M. Stuart Madden is Distinguished Professor of Law at Pace University School of Law. His primary teaching and scholarly interests are in the areas of Torts, Environmental Torts and Products Liability. He is an elected member of the American Law Institute and serves on various policy advisory groups and scholarly advisory boards. He has lectured internationally on Tort and accident prevention subjects and has given testimony before both Houses of Congress on Tort Reform issues.


    M. Stuart Madden, Robert L. Rabin, Kenneth S. Abraham, Jennifer H. Arlen, W. Bentley McLeod, Ernest J. Weinrib, James A. Henderson Jr., Richard A. Epstein, Jane Stapleton, David G. Owen, Guido Calabresi, Michael D. Green, Federico Stella, Juan Carlos Henao

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