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Torts, Egalitarianism and Distributive Justice
Ashgate Publishing, Sep 2007, Pages: 224
This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence.
Reviews
'It is more than 40 years since Arthur Okun cautioned economists to think about 'the big tradeoff' between equality and efficiency. But law and economics has always lagged behind its parent discipline (which increasingly embraces equality). Tsachi Keren-Paz’s book is an essential reminder that economics has two goals, and equality is just as essential as efficiency. Law, like any other exercise of power, cannot avoid making choices between equality and inequality. This book shows the multiple ways in which tort law aggravates existing inequalities and proposes innovative and realistic alternatives that would advance the cause of egalitarianism.'
Richard Abel, UCLA, USA
'At a time when tort theory is dominated by views that seem indifferent to the distributive consequences of tort law, Dr. Keren-Paz presents a wide-ranging account that is boldly instrumentalist and egalitarian. In its general outlook, and in the examples it explores, this book offers a challenge that needs to be taken seriously by anyone under the spell of either efficiency or corrective-justice based views of tort.'
Leslie Green, York University, Canada.
'The question of distributive justice, of equality across class and race and gender lines, is the unacknowledged elephant in the rooms where private law is discussed, and that's true around the world. This book is a major breakthrough because it sets out, rigorously but accessibly, to show how we could substitute frank appraisal for denial. A major contribution and a long overdue redirection of the conventional approach to the topic.'
Duncan Kennedy, Harvard Law School,USA
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