Zen and the Art of Tort Litigation
University of the Pacific - McGeorge School of Law
Loyola of Los Angeles Law Review, Vol. 44, 2010
Pacific McGeorge School of Law Research Paper
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
Date posted: April 6, 2011 ; Last revised: June 16, 2012