22 Pages Posted: 6 Apr 2011 Last revised: 16 Jun 2012
Date Written: 2010
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.
Keywords: Torts, Tort Litigation, Zen, Culture, Pain, Suffering
Suggested Citation: 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: https://ssrn.com/abstract=1802766