Distributive Justice Through Tort (And Why Sociolegal Scholars Should Care)

34 Pages Posted: 16 Feb 2010 Last revised: 21 May 2010

Anita Bernstein

Brooklyn Law School

Date Written: February 14, 2010

Abstract

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

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

Anita Bernstein (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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