Will Tort Law Have Its #Me Too Moment?

Martha Chamallas

doi:10.1515/jtl-2018-0008

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Will Tort Law Have Its #Me Too Moment?

Martha Chamallas

Published/Copyright: September 5, 2018

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From the journal Journal of Tort Law Volume 11 Issue 1

Abstract

Using tort law’s treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine. When informed by feminist theory, history can function as a critique of past and present regimes of inequality, highlighting the various techniques of exclusion and marginalization that emerge to prevent law from redressing serious, recurring injuries suffered disproportionately by women. The essay explores two such techniques: sexual exceptionalism that treats gender-related torts differently than other harms and the adoption of ostensibly neutral rules that have a disparate impact on women and marginalized groups. The essay speculates as to whether the #MeToo movement can provide the momentum to produce a break from the past, particularly with respect to third-party claims holding employers and other institutional defendants responsible for sexualized harms.

Keywords: torts; domestic violence; sexual assault; me-too; feminism; legal history

Published Online: 2018-09-05

Published in Print: 2018-09-25

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Articles in the same Issue

https://doi.org/10.1515/jtl-2018-0008

Keywords for this article

torts; domestic violence; sexual assault; me-too; feminism; legal history