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5 - Tort Encounters Contract

Published online by Cambridge University Press:  05 June 2012

Joel Levin
Affiliation:
Case Western Reserve University, Ohio
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Summary

We live in a society that celebrates freedom. In nearly every respect, that value judgment is lauded over others. Political and social contests race to claim the title of “the most favoring freedom,” “the greatest champion of liberty,” and “the most likely to protect individual rights.” Regulation, on the contrary, is a concept requiring a great deal of apology, and equality (other than, of course, equality of freedom as, for example, with rights of educational opportunity a prerequisite to being able to implement one's freedom) is always somewhat suspect, perhaps socialistic, marginalized to those areas where free-market forces produce a bad result, like racism or monopolies, without any justification, or at least any justification we wish to hear. Of course, equality is important. Yet stripped of the equal right to liberty – that is, the equal rights to vote, to education or employment, or to other rights of participation that are more about freedom than equality – the entire concept of equality typically comes down to fairness or justice arguments concerning participation in the political process. For example, everyone deserves a fair trial.

It could be otherwise. We could think, “Ah, I live in a society with great equality,” “I like to see that others are similarly situated to me,” or “I love the fact that wealth is distributed with unusually low standard deviations from the norm.” We could glory in the hardy and shared air of an equal society.

Type
Chapter
Information
Tort Wars , pp. 155 - 182
Publisher: Cambridge University Press
Print publication year: 2008

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  • Tort Encounters Contract
  • Joel Levin, Case Western Reserve University, Ohio
  • Book: Tort Wars
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511840388.008
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  • Tort Encounters Contract
  • Joel Levin, Case Western Reserve University, Ohio
  • Book: Tort Wars
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511840388.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Tort Encounters Contract
  • Joel Levin, Case Western Reserve University, Ohio
  • Book: Tort Wars
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511840388.008
Available formats
×