By Joel Levin
Tort Wars brings jointly the various and typically insufficiently similar strands of tort legislations and treats the ethical, fiscal, and systemic difficulties operating via these strands with a unmarried research and concept. In that tort legislations employs conception in any respect, it truly is quite often idea measured opposed to notions of corrective justice or appeals to software. either have critical prescriptive regulations and restricted explanatory strength and sometimes stray from any necessary description of tort situations within the courts. Tort Wars appears on the nature of dispute solution thoughts, criticizes the blasé justice and extra esoteric software idea, and examines the issues of either the criminal academy and the veracity vacuum within the court docket. extra, it explores the conceptual variations among tort and agreement, finding agreement as a subset of tort. It makes use of examples drawn from the perimeters of tort legislations in an try and degree important circumstances via the marginal ones and to supply a barometer of rising criminal and social switch, completed via implementing an individualized peace.
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Example text
The need for access to the courthouse is sufficiently great that it ought to be provided free to all. Even if that were true – and why courts should be free when medicine, daycare, hospitals, colleges, and basic shelter are not, is at least puzzling – it would not explain why there is no means test. Some at least can, and presumably should, pay. Others can pay part of the costs and presumably, as well, ought to do so. That said, the central thesis of this book, found in Chapter 2, looks to provide that answer.
He is at risk for treble damages and attorney’s fees, first under the Sherman Antirust Act, now under RICO, with punitive damages available for the unfair competition, and compensatory damages for all of it. Unlike the common law, with its potential ability to recalibrate and synthesize competing doctrines to stop double counting, overkill, and basically civil overindictment, the statutory schemes roll on. Our hero, having now violated a number of federal (and almost certainly parallel state) statutes, enters the politically charged world of malpractice.
He obviously cannot bring an action, but, nevertheless, it can be filed posthumously as a wrongful death action. Who is it that suffers that injury? Not our hero: gone, he suffers nothing. Rather, his next-of-kin, those supposedly closest to him, are the only individuals who can bring this tort claim. They can claim the loss of consortium – sex, service, and society – or put otherwise, lost income and emotional distress. Why this odd tort? Certainly, not because his family members are necessarily those who are most hurt.