Exploring Tort Law

doi:10.1017/CBO9780511610639

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.

' … 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.'

Source: Bimonthly Review of Law Books

' … excellent collection of essays …'

Source: Tort and Insurance Law Yearbook

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Contents

Frontmatter
pp i-vi
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Contents
pp vii-viii
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Contributors
pp ix-x
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Preface
pp xi-xii
- By M. Stuart Madden, Distinguished Professor of Law, Pace University School of Law
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INTRODUCTION
pp 1-8
- By M. Stuart Madden, Distinguished Professor of Law, Pace University School of Law
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SECTION I - TORT LAW IN THE NEW MILLENNIUM: PAST AS PROLOGUE
pp 9-10
- By M. Stuart Madden, Distinguished Professor of Law, Pace University School of Law
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1 - TORT LAW THROUGH TIME AND CULTURE: THEMES OF ECONOMIC EFFICIENCY
pp 11-51
- By M. Stuart Madden, Distinguished Professor of Law, Pace University School of Law
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2 - PAST AS PRELUDE: THE LEGACY OF FIVE LANDMARKS OF TWENTIETH-CENTURY INJURY LAW FOR THE FUTURE OF TORTS
pp 52-78
- By Robert L. Rabin, A. Calder Mackay Professor, Stanford Law School
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SECTION II - COMPENSATION AND DETERRENCE IN THE MODERN WORLD
pp 79-80
- By M. Stuart Madden, Distinguished Professor of Law, Pace University School of Law
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3 - TWENTY-FIRST-CENTURY INSURANCE AND LOSS DISTRIBUTION IN TORT LAW
pp 81-110
- By Kenneth S. Abraham, Robert E. Scott Distinguished Professor of Law, University of Virginia School of Law
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4 - BEYOND MASTER–SERVANT: A CRITIQUE OF VICARIOUS LIABILITY
pp 111-140
- By Jennifer H. Arlen, Norma Z. Paige Professor of Law, NYU School of Law, W. Bentley MacLeod, Professor of Economics and Law, University of Southern California
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SECTION III - DUTY RULES, COURTS, AND TORTS
pp 141-142
- By M. Stuart Madden, Distinguished Professor of Law, Pace University School of Law
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5 - THE DISINTEGRATION OF DUTY
pp 143-186
- By Ernest J. Weinrib, University Professor and Cecil A. Wright Professor of Law, University of Toronto
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6 - MANAGING THE NEGLIGENCE CONCEPT: RESPECT FOR THE RULE OF LAW
pp 187-227
- By James A. Henderson, Jr., Frank B. Ingersoll Professor, Cornell Law School
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7 - REBUILDING THE CITADEL: PRIVITY, CAUSATION, AND FREEDOM OF CONTRACT
pp 228-261
- By Richard A. Epstein, James Parkar Hall Distinguished Service Professor of Law, University of Chicago, The Law School
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8 - CONTROLLING THE FUTURE OF THE COMMON LAW BY RESTATEMENT
pp 262-294
- By Jane Stapleton, Ernest E. Smith Professor, University of Texas School of Law; Professor of Law, Research School of Social Sciences and the Australian National University, Canberra
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9 - INFORMATION SHIELDS IN TORT LAW
pp 295-332
- By David G. Owen, Carolina Distinguished Professor of Law, University of South Carolina
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10 - THE COMPLEXITY OF TORTS – THE CASE OF PUNITIVE DAMAGES
pp 333-351
- By Guido Calabresi, Judge, United States Court of Appeals for the Second Circuit; Sterling Professor of Law Emeritus and Professorial Lecturer, Yale Law School
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11 - THE FUTURE OF PROPORTIONAL LIABILITY: THE LESSONS OF TOXIC SUBSTANCES CAUSATION
pp 352-400
- By Michael D. Green, Bess and Walter Williams Distinguished Chair in Law, Wake Forest University School of Law
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SECTION IV - TORTS IN A SHRINKING WORLD
pp 401-402
- By M. Stuart Madden, Distinguished Professor of Law, Pace University School of Law
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12 - CAUSATION IN PRODUCTS LIABILITY AND EXPOSURE TO TOXIC SUBSTANCES: A EUROPEAN VIEW
pp 403-425
- By Federico Stella, Professor of Criminal Law, Universita' Cattolica del Sacro Cuore, Milan
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13 - COLLECTIVE RIGHTS AND COLLECTIVE ACTIONS: EXAMPLES OF EUROPEAN AND LATIN AMERICAN CONTRIBUTIONS
pp 426-482
- By Juan Carlos Henao, Permanent Professor, Universidad Externado de Colombia
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Index
pp 483-492
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Exploring Tort Law

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Contents

Frontmatter
pp i-vi

Contents
pp vii-viii

Contributors
pp ix-x

Preface
pp xi-xii

INTRODUCTION
pp 1-8

SECTION I - TORT LAW IN THE NEW MILLENNIUM: PAST AS PROLOGUE
pp 9-10

1 - TORT LAW THROUGH TIME AND CULTURE: THEMES OF ECONOMIC EFFICIENCY
pp 11-51

2 - PAST AS PRELUDE: THE LEGACY OF FIVE LANDMARKS OF TWENTIETH-CENTURY INJURY LAW FOR THE FUTURE OF TORTS
pp 52-78

SECTION II - COMPENSATION AND DETERRENCE IN THE MODERN WORLD
pp 79-80

3 - TWENTY-FIRST-CENTURY INSURANCE AND LOSS DISTRIBUTION IN TORT LAW
pp 81-110

4 - BEYOND MASTER–SERVANT: A CRITIQUE OF VICARIOUS LIABILITY
pp 111-140

SECTION III - DUTY RULES, COURTS, AND TORTS
pp 141-142

5 - THE DISINTEGRATION OF DUTY
pp 143-186

6 - MANAGING THE NEGLIGENCE CONCEPT: RESPECT FOR THE RULE OF LAW
pp 187-227

7 - REBUILDING THE CITADEL: PRIVITY, CAUSATION, AND FREEDOM OF CONTRACT
pp 228-261

8 - CONTROLLING THE FUTURE OF THE COMMON LAW BY RESTATEMENT
pp 262-294

9 - INFORMATION SHIELDS IN TORT LAW
pp 295-332

10 - THE COMPLEXITY OF TORTS – THE CASE OF PUNITIVE DAMAGES
pp 333-351

11 - THE FUTURE OF PROPORTIONAL LIABILITY: THE LESSONS OF TOXIC SUBSTANCES CAUSATION
pp 352-400

SECTION IV - TORTS IN A SHRINKING WORLD
pp 401-402

12 - CAUSATION IN PRODUCTS LIABILITY AND EXPOSURE TO TOXIC SUBSTANCES: A EUROPEAN VIEW
pp 403-425

13 - COLLECTIVE RIGHTS AND COLLECTIVE ACTIONS: EXAMPLES OF EUROPEAN AND LATIN AMERICAN CONTRIBUTIONS
pp 426-482

Index
pp 483-492

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