TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Thursday, February 3, 2022

Abraham & White: Tort Law and the Construction of Change

Ken Abraham and Ted White have published, with UVa Press, Tort Law and the Construction of Change:  Studies in the Inevitability of History:

The book argues that two versions of history–one grounded in the application of previous legal rules and the other responsive to larger societal changes—must be considered in tandem to grasp fully how American tort law has evolved over time. The book covers a number of understudied areas of tort law, such as liability for nonphysical harm—including lawsuits for defamation, privacy, emotional distress, sexual harassment, and the hacking of confidential information—and aspects of tort litigation that have now disappeared, such as the prohibition against "interested" parties testifying in civil actions and the intentional infliction of temporal damage without justification. What emerges is a picture of the complicated legal dance American judges performed to cloak radical changes in tort law in response to social transformations. When confronting established tort doctrines under pressure from emerging social changes, the courts found ways to preserve at least the appearance of doctrinal continuity.

Order it here.  I just bought my copy!

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