This captivating book explores uncharted territory in tort law, shedding light on underexplored viewpoints in the field.
The collection brings issues of social class, race, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people.
Written by experts in the main areas of tort law from negligence to defamation and personal torts, chapters will:
• deepen students’ understanding of the central concepts and practices of tort law;
• uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences;
• amplify under-represented voices by signposting to the work and ideas of scholars that are less visible in the field.
Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook paves the way for a more inclusive and comprehensive understanding of tort law.
Chapter 9 available open access digitally under CC-BY licence.
Table of Content
1. Introduction: Why Recognising Diversity in Tort Law Matters – Kirsty Horsey
Part 1: Underexplored Ideas Within the Core of Negligence
2. Negligence and the Vulnerable Subject: Public Bodies and the Duty of Care – Nikki Godden-Rasul and C.R.G. Murray
3. The Politics of Pure Economic Loss – Craig Purshouse
4. Queering the Reasonable Person – Haim Abraham
part 2: How Negligence Norms Respond to Particular Harms
5. Reproductive Harm, Social Justice and Tort Law: Rethinking ‘Wrongful Birth’ and ‘Wrongful Life’ Claims – Julie Mc Candless and Kirsty Horsey
6. Coded Copper, Toxic Water. Multinational Corporations, Environmental Degradation, and Tort Law – Iain Frame
Part 3: Diverse Voices Elsewhere in Tort
7. Product Liability, Medical Devices and Harm to Women’s Bodies – Emily Jackson
8. The Tortious Response to Police Power, Misconduct and Abuse – Rita D’Alton-Harrison
9. Homosexuality, Defamatory Meaning, and Reputational Injury in English Law – Alexandros Antoniou and Dimitris Akrivos
10. Rethinking ‘Negligence’ in ‘Medical Negligence’: Can Trespass to the Person Torts Help Protect Autonomy? – Eliza Bond and Jodi Gardner
11. Image-based Sexual Abuse and Gendered Conceptions of Harm in Tort – Aislinn O’Connell
About the author
Kirsty Horsey is Professor of Law at the University of Kent.
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