Research Catalog

A history of civil litigation : political and economic perspectives

Title: A history of civil litigation : political and economic perspectives / Frank J. Vandall.
Author: Vandall, Frank J.
Publication: Oxford ; New York : Oxford University Press, ©2011.

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Request for On-site Use Request Scan How do I pick up this item and when will it be ready?	Text	Use in library	KF1250 .V36 2011	Off-site

Details

Description

xix, 241 pages; 25 cm

Summary

A History of Civil Litigation: Political and Economic Perspectives, studies the expansion of civil liability from 1466 to 1980, and the cessation of that growth in 1980. It evaluates the creation of tort causes of action during the period of 1400-1980. Reevaluation and limitation of those developments from 1980 to the present are specifically considered.
The unique focus of the book is first, to argue that civil justice no longer rests on historic foundations such as precedent, fairness, and impartiality, but has shifted to power and influence. Vandall contends that reform in the law (legislative, judicial, and regulatory) is today driven by financial interests, not precedent, not a neutral desire for fairness, and not to "make it better," and he uses products, cases, and policies for much of his argument. He characterizes these policies as a shift from a balanced playing field, negligence, to one that favors injured consumers. The strict liability foreshadowed by Judge Traynor, in Escola v. Coco Cola (1944), was not adopted until 1962, when Traynor wrote the majority opinion in Greenman v. Yuba Power Products for the California Supreme Court. Second, the book examines the role of persuasive non-governmental agencies, such as the American Law Institute, in reforming and shaping civil justice
Vandall reaches the conclusion that never has it been less true that we live under the rule of law. Congress, agencies and the courts make the law, but they are driven by those who have a large financial stake in the outcome. Today, those with power shape the character of products liability law at every turn. --Book Jacket.

Subject

Genre/Form

History.

Bibliography (note)

Includes bibliographical references and index.

Contents

Introduction -- The development of civil liability 1466-1916 -- The dissatisfaction with negligence : policies supporting strict liability 1916-1980 -- The core issue in strict liability : an appropriate test for defect -- Legal reform emanates from the corporate boardroom, 1980-present -- Corporations write the law -- The application of concepts to contemporary examples -- Conclusion.

ISBN

9780195391916
0195391918

LCCN

2010031840

OCLC

ocn652447876
652447876
SCSB-1583770

Owning Institutions

Princeton University Library