Anita Bernstein, posted her recent review essay, titled “Distributive Justice Through Tort (And Why Sociolegal Scholars Should Care)” (forthcoming 35 Law of Social Inquiry) on SSRN. Here’s the abstract.
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Drawing on two books central to an emerging sociolegal literature about tort-Fault Lines: Tort Law as Cultural Practice, a collection of chapters edited by David M. Engel and Michael McCann, and Torts, Egalitarianism and Distributive Justice, a monograph by Tsachi Keren-Paz–this essay argues that tort law in the United States redistributes wealth in ways that ought to trouble sociolegal scholars and enlist their reformist energy. Read together, the two volumes offer considerable description and critique of a distributive injustice, and lead to important proposals for change.
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For a sample of related Situationist posts, see “The Cultural Situation of Tort Law,” “Situationist Torts – Abstract,” “Mark Lanier visits Professor Jon Hanson’s Tort Class (web cast),” “The Distributional Situation of Obesity,” “Robin Hood Motives,” “The Interior Situational Reaction to Inequality,” “Martha Fineman on the Situation of Gender and Equality,” “The Blame Frame – Abstract,” “The Motivated Situation of Inequality and Discrimination,” and “The Situation of Inequality – Guns, Germs, and Steel.”