Tort law provides individuals or groups redress for wrongful harm to every dimension of life from physical injury to property damage to personal insult. Over the past decades no body of law within the civil justice system has experienced greater ferment than the law of Torts. This edited collection comprises new scholarship from many of today's most influential contributors to Torts scholarship. Topics include provocative analyses of orginal Tort-type norms; punitive damages; proportional liability; the political-legal dynamics of the Restatement process; landmark modern Torts decisions; the future of collateral source rules relative to various types of insurance; the role of risk information in assignment of seller liability; privity and freedom of contact; the vitality of negligence and duty rules, and optimal rules for vicarious liability. The collection closes with chapters from civil code nation authorities on the European view of causation in toxic harm suits and on collective rights and actions in South America and in Europe.
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.
"Professor Madden's magisterial survey of ancient law going forward is exquisitely written and a real delight for historians of tort law...This quality collection is first-rate torts scholarship which will be of great interest to tort scholars, law students, and graduate students in sociology as well as philosophy."
Bi-Monthly Review of Law Books