Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Torts Rationales, Pluralism, And Isaiah Berlin, Christopher J. Robinette
Torts Rationales, Pluralism, And Isaiah Berlin, Christopher J. Robinette
Christopher J Robinette
The Myth Of Individualism And The Appeal Of Tort Reform, Martin A. Kotler
The Myth Of Individualism And The Appeal Of Tort Reform, Martin A. Kotler
Martin A. Kotler
This Article examines the relationship between the American political culture of individualism and long-standing, well-established tort doctrine. Although much of the doctrine in the abstract is obviously reflective of the prevailing political culture, there remains a certain ambivalence. Thus, when judges and jurors are faced with deciding concrete cases before them, they frequently abandon their professed commitment to mythological notions of self-sufficiency and personal responsibility and find the injured plaintiff to be entitled to compensation.
The modern American tort reform movement’s recognition of this ambivalence underlies the essential strategy for reform. The reformers’ goals are more far reaching than the …