This captivating book explores uncharted territory in tort law, shedding light on underexplored viewpoints in the field.
The collection brings issues of social class, race, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people.
Written by experts in the main areas of tort law from negligence to defamation and personal torts, chapters will:
deepen students understanding of the central concepts and practices of tort law;
uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences;
amplify under-represented voices by signposting to the work and ideas of scholars that are less visible in the field.
Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook paves the way for a more inclusive and comprehensive understanding of tort law.
Chapter 9 available open access digitally under CC-BY licence.
Arvustused
This is a refreshing collection on relevant and urgent debates in tort, from an impressive set of contributors. The thought-provoking essays demonstrate how examining tort from diverse, critical perspectives can be valuable, for both students and scholars. James Lee, Kings College London A great book; original, insightful and thought-provoking. Highly recommended. Lesley-Anne Barnes Macfarlane, University of Glasgow Bringing diverse voices and traditionally marginalised viewpoints to bear upon mainstream tort issues, this is a genuinely unique collection of essays which both advances our understanding of tort law as a mechanism of civil redress and generates new insights into the relation between law, power and disadvantage. Joanne Conaghan, University of Bristol
1. Introduction: Why Recognising Diversity in Tort Law Matters - Kirsty
Horsey
Part 1: Underexplored Ideas Within the Core of Negligence
2. Negligence and the Vulnerable Subject: Public Bodies and the Duty of Care
- Nikki Godden-Rasul and C.R.G. Murray
3. The Politics of Pure Economic Loss Craig Purshouse
4. Queering the Reasonable Person Haim Abraham
part 2: How Negligence Norms Respond to Particular Harms
5. Reproductive Harm, Social Justice and Tort Law: Rethinking Wrongful
Birth and Wrongful Life Claims Julie McCandless and Kirsty Horsey
6. Coded Copper, Toxic Water. Multinational Corporations, Environmental
Degradation, and Tort Law - Iain Frame
Part 3: Diverse Voices Elsewhere in Tort
7. Product Liability, Medical Devices and Harm to Womens Bodies Emily
Jackson
8. The Tortious Response to Police Power, Misconduct and Abuse Rita
DAlton-Harrison
9. Homosexuality, Defamatory Meaning, and Reputational Injury in English Law
Alexandros Antoniou and Dimitris Akrivos
10. Rethinking Negligence in Medical Negligence: Can Trespass to the
Person Torts Help Protect Autonomy? Eliza Bond and Jodi Gardner
11. Image-based Sexual Abuse and Gendered Conceptions of Harm in Tort
Aislinn OConnell
Kirsty Horsey is Professor of Law at the University of Kent. She has taught Tort Law and Advanced Torts across all stages of the curriculum since 2000.
