Zen and the Art of Tort Litigation

22 Pages Posted: 6 Apr 2011 Last revised: 16 Jun 2012

Date Written: 2010

Abstract

Legal analysis in tort litigation should encourage deeper engagement with the plaintiff’s pain and suffering. Focusing more on understanding the causes and experience of human suffering – the Zen approach – will advance traditional tort goals of compensation and deterrence, as well as provide the plaintiff with a more positive litigation experience. This Article argues that current practices in tort litigation place too much emphasis on bodily harm and expert testimony, and unnecessarily position the plaintiff as a victim. Alternatively, a Zen approach recognizes that the body and mind are linked, places greater weight on direct, experiential testimony, and acknowledges the complexity and fluidity of the plaintiff’s identity.

Keywords: Torts, Tort Litigation, Zen, Culture, Pain, Suffering

Suggested Citation

Bloom, Anne, Zen and the Art of Tort Litigation (2010). Loyola of Los Angeles Law Review, Vol. 44, 2010, Pacific McGeorge School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=1802766

Anne Bloom (Contact Author)

Berkeley Law ( email )

459 Boalt Hall
Berkeley, CA 94720
United States

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