Tort Law

by Weinrib, Ernest J.

• ISBN13: 9780814792438
• ISBN10: 081479243X
• Format: Hardcover
• Copyright: 1991-09-01
• Publisher: New York Univ Pr

Summary

Winner of the 2010 T.R. Fehrenbach Book Award Cowboys are an American legend, but despite their ubiquity in history and popular culture, misperceptions abound. Jacqueline M. Moore casts aside romantic and one-dimensional images of cowboys by analyzing the class, gender, and labor histories of ranching in Texas during the second half of the nineteenth century. As working-class men, cowboys showed their masculinity through their skills at work as well as public displays in town. But what cowboys thought was manly behavior did not always match those ideas of the business-minded cattlemen, who largely absorbed middle-class masculine ideals of restraint. Moore explores how, in contrast to the mythic image, from the late 1870s on, as the Texas frontier became more settled and the open range disappeared, the real cowboys faced increasing demands from the people around them to rein in the very traits that Americans considered the most masculine. Published in Cooperation with the William P. Clements Center for Southwest Studies, Southern Methodist University.

Table of Contents

Fairness and utility in tort theory

The system builders: a critical appraisal of modern American tort theory

Corrective justice and wrongful gain

The search for synthesis in tort theory

Four tests for liability in torts

The impossibility of general strict liability

Understanding tort law

Nuisance law: rethinking fundamental assumptions

Nuisance law: corrective justice and its utilitarian constraints

Concerning cause and the law of torts: an essay for Harry Kalven

Probabilistic causation and compensation for tortious risk

Causation in tort law

The necessary myth of objective causation judgments in liberal political theory

Name index

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