34 Pages Posted: 16 Feb 2010 Last revised: 21 May 2010
Date Written: February 14, 2010
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.
Suggested Citation: Suggested Citation
Bernstein, Anita, Distributive Justice Through Tort (And Why Sociolegal Scholars Should Care) (February 14, 2010). Law of Social Inquiry, Vol. 35, No. 2, 2010; Brooklyn Law School, Legal Studies Paper No. 189. Available at SSRN: https://ssrn.com/abstract=1553035