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Law and Gender

Yale Law Journal

1997

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Homosexuals, Torts, And Dangerous Things, Katherine M. Franke Jan 1997

Homosexuals, Torts, And Dangerous Things, Katherine M. Franke

Faculty Scholarship

Negligent, intentional, and strict liability torts. From a canonical standpoint, whatever else one might teach, it is not a first-year torts course if these three concepts are not covered. Torts has a canon, even a Restatement. Yet a canon evolves only after some criteria of value has been established such that privileged texts can be identified according to some authoritative standard. In other words, a canon is the result of a process by which a rule of recognition identifies authoritative texts.

At what point can we say that torts became a field and an intact legal subject, the canon …