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Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Innovative theory surrounding the liberal demand for sympathetic resentment, which entails a recognition of the political equality of victims of injustice.
Explores the problems of hazing and binge drinking at fraternities and sororities on American college campuses, telling the stories of some of the young people who have been seriously injured or died as a result of such behaviors; and offers a list of recommendations for reform.
NEW YORK TIMES BESTSELLER • An “extraordinary, unforgettable” (Michelle Alexander, author of The New Jim Crow) memoir of redemption and second chances amidst America’s mass incarceration epidemic, from a member of Oprah’s SuperSoul 100 Shaka Senghor was raised in a middle-class neighborhood on Detroit’s east side during the height of the 1980s crack epidemic. An honor roll student and a natural leader, he dreamed of becoming a doctor—but at age eleven, his parents’ marriage began to unravel, and beatings from his mother worsened, which sent him on a downward spiral. He ran away from home, turned to drug dealing to survive, and ended up in prison for murder at the age of nineteen, full of anger and despair. Writing My Wrongs is the story of what came next. During his nineteen-year incarceration, seven of which were spent in solitary confinement, Senghor discovered literature, meditation, self-examination, and the kindness of others—tools he used to confront the demons of his past, forgive the people who hurt him, and begin atoning for the wrongs he had committed. Upon his release at age thirty-eight, Senghor became an activist and mentor to young men and women facing circumstances like his. His work in the community and the courage to share his story led him to fellowships at the MIT Media Lab and the Kellogg Foundation and invitations to speak at events like TED and the Aspen Ideas Festival. In equal turns, Writing My Wrongs is a page-turning portrait of life in the shadow of poverty, violence, and fear; an unforgettable story of redemption; and a compelling witness to our country’s need for rethinking its approach to crime, prison, and the men and women sent there.
Why does talk about politics and moral issues tend to get so ugly, heated, and personal? So much public discussion goes awry because people are using it for the wrong reasons. Too often, especially online, people engage in moral grandstanding--they use moral talk to impress others by showing them they have the right views. Tosi and Warmke show why people behave this way, why it's wrong, and what we can do about it.
Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
The book offers a feminist examination of contemporary social injustices. It argues for a paradigm-shift away from feminist philosophy organized around the gender concept woman, and towards humanist feminism. The book further develops a notion of dehumanization that explicates social injustices, elucidates humanist feminism, and improves non-feminist analyses of injustice.
