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Loss Of Consortium: Moving Past Anachronism Towards A New Standard, George Souri
Loss Of Consortium: Moving Past Anachronism Towards A New Standard, George Souri
George Souri
In every state except New Mexico, marriage is a requirement for bringing a common law loss of consortium claim. Despite it's "bright line" appeal, the current standard is inherently flawed. By denying unmarried couples that are in serious and committed relationships the right to sue for loss of consortium, courts today are making the same mistake historical courts -- which did not allow wives o bring loss of consortium actions -- made: they are arbitrarily holding on to a set of outdated assumed premises about marriage and committed relationships, and employing a line of jurisprudence that leads to absurd conclusions …
Heidegger And The Essence Of Adjudication, George Souri
Heidegger And The Essence Of Adjudication, George Souri
George Souri
This paper presents an account of adjudication based on the philosophy of Martin Heidegger. As this paper argues, we can only hope to better understand adjudication if we recognize that adjudication is a socio-temporally situated activity, and not a theoretical object. Heidegger’s philosophical insights are especially salient to such a project for several reasons. First, Heidegger’s re-conception of ontology, and his notion of being-in-the-world, provide a truer-to-observation account of how human beings come to understand their world and take in the content of experience towards completing projects. Second, Heidegger’s account of context, inter-subjectivity, and common understanding provide a basis upon …