Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-gbm5v Total loading time: 0 Render date: 2024-12-25T02:28:10.585Z Has data issue: false hasContentIssue false

1 - Introduction to Feminist Judgments: Rewritten Tort Opinions

from Part I - Introduction

Published online by Cambridge University Press:  28 November 2020

Martha Chamallas
Affiliation:
Ohio State University
Lucinda M. Finley
Affiliation:
University at Buffalo, State University of New York
Get access

Summary

The Introduction to Feminist Judgments: Rewritten Tort Opinions situates the sixteen rewritten feminist opinions and accompanying commentaries contained in the volume into the broader legal and scholarly landscape. Although the idea of a feminist tort law is still difficult for many to imagine, the Introduction details the rich history of feminist and critical torts scholarship. Many of its recurring themes echo those found in critical scholarship more generally, including taking a gender-aware approach, preferring contextual analyses that tap into women’s lived experiences, and being skeptical of abstract dichotomies that mask implicit hierarchies. The volume contains “classic” cases that appear in virtually every torts casebook as well as lesser-known cases that deserve more attention. A large number of the cases in the volume deal with gender-related injuries caused by sexual violence, abuse, harassment, and invasions of privacy. The portrait that emerges is that of a tort system that undercompensates for sexual and reproductive injury. When courts confront such gender-related injuries, they tend not to apply ordinary doctrinal rules or not to apply ordinary rules with the same force as in other settings. The Introduction lists promising strategies to correct for such bias and make tort law more inclusive and egalitarian.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×