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.
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Produktdetaljer
ISBN
9781108598446
Publisert
2025
Utgiver
Cambridge University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter