Feminist Judgments: Rewritten Tort Opinions

This book rewrites canonical and lesser-known tort cases from a feminist perspective to expose gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. It demonstrates that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery.

Format: Paperback / softback
Length: 500 pages
Publication date: 10 December 2020
Publisher: Cambridge University Press

This groundbreaking volume delves into a comprehensive examination of gender and racial bias in the legal categorization and evaluation of harm resulting from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. By rewriting both canonical and lesser-known tort cases from a feminist perspective, the book exposes the pervasive nature of these biases in the judicial system. The rewritten opinions serve as a powerful testament to the fact that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery.

This implicit bias, when brought to the surface, has the potential to enhance the awareness of law students, lawyers, and judges who craft arguments and apply tort doctrines. It sheds light on the inequalities of race, gender, class, and sexual orientation or identity that perpetuate these biases, ultimately contributing to the marginalization of traditionally marginalized individuals.

The volume offers a transformative approach to making the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people. It advocates for greater value to be assigned to harms that these individuals disproportionately experience, fostering a more equitable legal system. Through a feminist lens, this book provides valuable insights into the complexities of gender and racial bias in the legal realm, paving the way for a more inclusive and just society.

Weight: 684g
Dimension: 154 x 229 x 28 (mm)
ISBN-13: 9781108706247