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Teaching Torts: Rivalry as Pedagogy

15 Pages Posted: 23 Jun 2010 Last revised: 14 Dec 2012

Anita Bernstein

Brooklyn Law School

Multiple version iconThere are 2 versions of this paper

Date Written: September 2010

Abstract

This contribution to a Tort Law Academic Workshop considers the ‘twin themes’ pervading torts pedagogy in the twenty-first century: (1) teaching torts for global practice and (2) teaching the common law in an age of statutes. Manifested at both transnational and national levels, the two themes have in common what may be understood as rivalries, where contrary rules and stances compete for power. The article explores illustrations of this competition that emerge in an American torts classroom, with attention to the interest that a ‘pedagogy of rivalry’ might hold for torts teachers and scholars working within common law systems outside the United States.

Keywords: torts, comparative law, pedagogy, transnational

Suggested Citation

Bernstein, Anita, Teaching Torts: Rivalry as Pedagogy (September 2010). Brooklyn Law School, Legal Studies Paper No. 197. Available at SSRN: https://ssrn.com/abstract=1628868 or http://dx.doi.org/10.2139/ssrn.1628868

Anita Bernstein (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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