Zen and the Art of Tort Litigation
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
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