Feminist Judgments: Rewritten Tort Opinions

Martha Chamallas, Lucinda M. Finley

• Publisher: Cambridge University Press
• Year: 2020
• Print ISBN: 9781108484299
• eBook ISBN: 9781108658331
• Topic: Diritto
• Subtopic: Diritto del risarcimento per fatto illecito

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.

Table of contents

• Cover
• Half-title
• Series information
• Title page
• Copyright information
• Contents
• Notes on Contributors
• Preface
• Table of Cases
• Part I Introduction
• Part II The Classics
• Part III Intentional Torts
• Part IV Negligence and Vicarious Liability
• Part V Damages
• Index