Friday, December 7, 2012
Over at JOTWELL, I have a review of Joseph Sanders, Matthew B. Kugler, John M. Darley and Lawrence M. Solan, Torts as (Only) Wrongs? An Empirical Perspective (Brooklyn Law School, Legal Studies Paper No 302, 2012). From the review:
In a compelling new sociological study, however, Joseph Sanders tests the idea of tort as wrongs (and only wrongs), and adds to the scholarly debate about tort’s rationales. Sanders persuasively argues that—far from being “at the margin of tort law” —from the public’s perspective, strict liability reigns supreme. In four discrete studies, Sanders assessed whether the public believes fault or wrongdoing is a requirement for tort liability. His thoughtful article presents some surprising findings that should have those of us in the academy taking another look at the purpose of tort law.