Toward a Trinitarian Theory of Products Liability (Symposium on Catholic Social Thought & the Law)

45 Pages Posted: 20 Jan 2005

Abstract

At a time when law school curriculums are heavily sprinkled with "Law &" seminars that explore the rich connections between legal theory and the most varied social sciences and arts, and given that the texts of Catholic Social Thought are pregnant with a profound and multi-layered social critique, it would seem that its robust integration with jurisprudence is long overdue. Among legal specializations, several obvious candidates for integration leap to mind.

In the list of obvious candidates, however, many might not include products liability. How would such seemingly technical and scientific standards for the production of material goods intersect with Catholic Social Thought? Similarly, no one would be surprised that legal theorists have not yet identified the deeply mysterious theological doctrine of the Trinity as a lens for products liability analysis. Yet spurred on by the conviction that Catholic Social Thought can offer profound solutions to the knottiest dilemmas in products theory, and encouraged by William Stuntz's recent challenge to move beyond the "ordinary" and "conventional" in order to probe the depths of the unique resources that Christian theology may offer to legal theory, this essay sets out a few initial ideas as a first step toward a "Trinitarian" theory of products liability.

The essay begins with a brief outline of some of the overarching themes in products liability, and a story that illustrates what could be considered one of the principal tensions: the profound disconnect between how economic analysts and ordinary citizens who make up civil juries define the standard for a "reasonably designed" product.

The second section aims to show that the philosophical and analytical framework of Catholic Social Thought can do much to help flesh out the critique of predominant products liability theories largely influenced by economic analyses.

The final sections move beyond critique to consider what a relatively new current of thought in Catholic theology that sets out the Trinity as a model for social life might offer to products liability theory. Specifically, it considers two hotly debated areas in products theory - the role of cost-benefit analysis, and the Third Restatement's recent formulation of the definition of a defective product - to test whether Catholic Social Thought viewed through a "Trinitarian" lens might promise creative solutions.

Suggested Citation

Uelmen, Amelia J., Toward a Trinitarian Theory of Products Liability (Symposium on Catholic Social Thought & the Law). Available at SSRN: https://ssrn.com/abstract=651527

Amelia J. Uelmen (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
130
Abstract Views
1,407
Rank
395,220
PlumX Metrics