Abstract

http://ssrn.com/abstract=1802766
 


 



Zen and the Art of Tort Litigation


Anne Bloom


University of the Pacific - McGeorge School of Law

2010

Loyola of Los Angeles Law Review, Vol. 44, 2010
Pacific McGeorge School of Law Research Paper

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.

Number of Pages in PDF File: 22

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

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Date posted: April 6, 2011 ; Last revised: June 16, 2012

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: http://ssrn.com/abstract=1802766

Contact Information

Anne Bloom (Contact Author)
University of the Pacific - McGeorge School of Law ( email )
3200 Fifth Avenue
Sacramento, CA 95817
United States
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