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The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
Faculty Law Review Articles
This article calls for consideration of the relationship of strong social norms to the tort reform debate. Additionally, it inquires into the concepts of measuring and comparing interests and the judgments of proportionality inherent in traditional legal doctrines, scrutinizing in particular the methodology of comparisons in tort reform.
Part II of the article examines the need to identify, measure, and compare the interests at stake in any legal contest with rigorous consistency.
Part III explores the natural hierarchy among legal norms and the weight accorded various types of interests that deserve legal protection.
Part IV considers the system of measurement …