This pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia
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This pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia
Electronic reproduction; Available via World Wide Web
THE CULTURAL LIVES OF LAW; Title Page; Copyright Page; Table of Contents; List of Tables; Table of Figures; Contributors; Introduction - Tort Law as Cultural Practice; PART I - On Legal Culture and Cultural Analysis of Tort Law; CHAPTER ONE - Law, Liability, and Culture; What Is Legal Culture?; Explaining Legal Culture; CHAPTER TWO - Torts and Notions of Community; What Is Represented: Cultural Norms and Interests, Shared Knowledge, or Shared Experiences?; Heterogeneity and Mobility; Conclusion; PART II - Different Approaches to Cultural Analysis of Tort Law
CHAPTER THREE - India's Tort DeficitThe Not-Quite Arrival of Tort Law; Patterns of Use/Nonuse; The Collapse of Civil Litigation; A Comparative Note on Contracting Civil Court Use; Continuing Low Rates of Court Use and Tort Claiming; Perceptions and Realities of Litigation in India; Bhopal and Mass Disasters; The Ex Gratia System; The Future: A Second Coming of Tort Law?; CHAPTER FOUR - Liability Insurance at the Tort-Crime Boundary; Excluding Crime-Torts from Liability Insurance Contracts; The Limits of the Moral Hazard Explanation
The Crime-Tort Separation and Liability Insurance as Defense ProtectionConclusion; CHAPTER FIVE - Juries as Conduits for Culture?; The Legal Landscape: Expansion of the Jury's Ability to Inject Cultural Norms, Sentiments, and Understandings into Tort Cases; Contraction of the Jury's Ability to Inject Cultural Norms, Sentiments, and Understandings into Tort Cases; The Psychological Process of Cultural Infusion: A Closer Look at Juror Decision Making; The Commonsense Justice of the Civil Jury; Judge Versus Jury: Whose Culture or Commonsense Justice Is It Anyway?; Civil Jury Nullification
ConclusionCHAPTER SIX - Framing Fast-Food Litigation; Food Wars: Populist Litigators, Fat Warriors, and the Politics of Responsibility; Food Wars: Legal Framing Strategies Derived from the Tobacco Wars; Food Fighters' Legal Tactics Against Fat and Fast Food; News Coverage of Food Fights; Implications; PART III - Injury and Identity; CHAPTER SEVEN - Discrimination and Outrage; The Current Legal Terrain; The Tort of Intentional Infliction Before Civil Rights; The Tort of Intentional Infliction After Civil Rights; CHAPTER EIGHT - Regulating Middlesex; The "Science" of Sexual Identity
Constructing Sexual IdentityLegal Narratives; Torts and Sexual Identity; Conclusion; CHAPTER NINE - Whiteness, Equal Treatment, and the Valuation of Injury in Torts, 1900-1949; Conspicuously White Aspects of Tort Law and Legal Culture; The Tension Between Individualized Claim Resolution and Equal Treatment; Applications to Tort Litigation; Conclusion; PART IV - Issues of Risk and Responsibility; CHAPTER TEN - The Role of Tort Lawsuits in Reconstructing the Issue of Police Abuse in the United Kingdom; Race and the Crisis in British Policing; Enter Tort Litigation
Policy Reform in the Wake of the Litigation Campaign
