This book challenges the assumption in law education that tort is 'objective', 'neutral' and 'apolitical', and reveals how it is imbued with politics.
The authors argue that the system of tort is usually hidden from students and lawyers, and that this is unacceptable because the system is arbitrary, and its underlying ideology callous. This controversial book challenges the prevailing orthodoxy, and continues to shed light on the dusty annals of traditional tort doctrine.
This new edition has been thoroughly updated to take account of the many new developments since its original publication - without losing any of the spirit or vigour of the original text.
Joanne Conaghan teaches in the Law School at the University of Kent at Canterbury. She has also taught in the United States and writes in the areas of tort, labour law and feminist legal studies. Wade Mansell also teaches at the University of Kent at Canterbury and has taught in New Zealand and in France. He writes on tort, international law, human rights and development.
Acknowledgments Table of Cases Table of Statutes 1. Introducing a Critical Perspective 2. The Duty of Care in Negligence 3. Carelessness, Cause and Consequence 4. Historical Perspectives on Negligence 5. Negligence as Accident Compensation 6. Nuisance: the Pale Green Tort 7. Feminist Perspectives on Tort Law: Remedying Sexual harassment and Abuse 8. Concluding Thoughts Notes References Index