Law in Contemporary Society

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MakalikaNaholowaa-FirstPaper 8 - 24 Mar 2008 - Main.EbenMoglen
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-- MakalikaNaholowaa - 14 Feb 2008

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  • I don't understand the theme of the paper. Individual defendants are a trivial contribution to tort damages outside the area of medical malpractice, where special consideration of the defendant's stupidity doesn't seem likely no matter what juries are charged. Consideration of whether corporate actors have acted with reasonable care is assumed to be a decision "objective" in character and founded on social policy considerations, so much so that imposition of liability is largely analyzed by the existing chalk-dust school of economic lawyering as though it directly affected the standard of care taken, in an "internalizing the cost of accidents" model-building paradise. "No-fault" auto insurance and the adoption of "comparative negligence" over the last fifty years have essentially reduced the "reasonable man" to a shadow of his former significance. Why the worry?

 
 
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