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Bernstein on Tort Law, Distributive Justice, and Sociolegal Scholarship

By Lawrence Solum

Anita Bernstein (Brooklyn Law School) has posted Distributive Justice Through Tort (And Why Sociolegal Scholars Should Care) (Law of Social Inquiry, Vol. 35, No. 2, 2010) on SSRN. Here is the abstract:

Drawing on two books central to an emerging sociolegal literature about tort-Fault Lines: Tort Law as Cultural Practice, a collection of chapters edited by David M. Engel and Michael McCann, and Torts, Egalitarianism and Distributive Justice, a monograph by Tsachi Keren-Paz?this essay argues that tort law in the United States redistributes wealth in ways that ought to trouble sociolegal scholars and enlist their reformist energy. Read together, the two volumes offer considerable description and critique of a distributive injustice, and lead to important proposals for change.

Full post as published by Legal Theory Blog on February 17, 2010 (boomark / email).