Feminist Judgments: Rewritten Tort Opinions

Title

Feminist Judgments: Rewritten Tort Opinions

Files

Description

By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.

  • Provides examples of rewritten torts opinions from feminist perspectives to allow readers to envision transformation of tort law from feminist perspectives
  • Critiques judicial opinions that undervalue gender-related interests and injuries, demonstrating gender bias in major areas of tort law
  • Offers examples of strategies and techniques to reform tort law to suggest potential concrete changes in tort law to make it more equitable

Publication Date

11-1-2020

Publisher

Cambridge University Press

City

New York

ISBN

9781108484299

Disciplines

Law | Law and Gender | Torts

Comments

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Feminist Judgments: Rewritten Tort Opinions

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