The Wrongs of Tort

by Conaghan, Joanne; Mansell, Wade

• ISBN13: 9780745312934
• ISBN10: 0745312934
• Edition: 2nd
• Format: Paperback
• Copyright: 1999-06-01
• Publisher: Pluto Pr

Summary

'Coherently brings together many of the arguments that the left has pressed against tort law' Cambridge Law Journal*BR**BR*'Its great strength lies in its uncompromising critique of the traditional textbook analyses of tort doctrine as a logical, neutral and inevitable development of peculiarly legal categories' Modern Law Review*BR**BR*This new edition of The Wrongs of Tort has been thoroughly updated to take account of the many new developments since its original publication in 1993 - without losing any of the spirit or vigour of the original text. It challenges the assumption in law education that tort is 'objective', 'neutral' and 'apolitical', and reveals how it is imbued with politics. The authors argue that the system of tort is usually hidden from students and lawyers, and that this is unacceptable because the system is arbitrary, and its underlying ideology callous. This controversial book challenges the prevailing orthodoxy, and continues to shed light on the dusty annals of traditional tort doctrine.

Table of Contents

Table of Statutes	ix
Table of Cases	xi
Acknowledgements	xix
Introducing a Critical Perspective	1	(10)
The Duty of Care in Negligence	11	(41)
Carelessness, Cause and Consequence	52	(29)
Historical Perspectives on Negligence	81	(24)
Negligence as Accident Compensation	105	(19)
Nuisance: the Pale Green Tort	124	(36)
Feminist Perspectives on Tort Law: Remedying Sexual Harassment and Abuse	160	(30)
Concluding Thoughts	190	(14)
Notes	204	(35)
References	239	(11)
Index	250