Feminist Approaches to Tort Law
-
Gary T. Schwartz
This article observes that one of the most interesting developments in tort scholarship during recent years has been the emergence of a literature analyzing tort problems from feminist perspectives. The article looks at three of the areas that feminist writers have explored: the possibility of a "reasonable woman" standard as an alternative to the "reasonable man"; the possible recognition of a duty to rescue, which allegedly would be in harmony with feminist ethics; and the issue of how the tort system should respond to types of harms that are disproportionately suffered by women. The article concludes that the feminist discussions of these topics have enriched the discourse of tort. Still, those discussions have been, in significant respects, inadequate. They have failed, for example, to take advantage of the relevant empirical information; and certain key issues relating to legal history and legal theory have remained underdeveloped.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- The Emergence of Dynamic Contract Law
- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice
- Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice
- Feminist Approaches to Tort Law
- Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
- Encountering the Scarlet Woman of Wall Street: Speculative Comments at the End of the Century
- Criminal Theory in the Twentieth Century
- Criminal Law Scholarship: Three Illusions
- The Challenge of Globalization to American Public Law Scholarship
- Globalization, Human Rights, and American Public Law Scholarship - A Comment on Robert Post
- Harm and Fault in Discrimination Law: The Transition from Intentional to Adverse Effect Discrimination
Articles in the same Issue
- Article
- The Emergence of Dynamic Contract Law
- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice
- Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice
- Feminist Approaches to Tort Law
- Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
- Encountering the Scarlet Woman of Wall Street: Speculative Comments at the End of the Century
- Criminal Theory in the Twentieth Century
- Criminal Law Scholarship: Three Illusions
- The Challenge of Globalization to American Public Law Scholarship
- Globalization, Human Rights, and American Public Law Scholarship - A Comment on Robert Post
- Harm and Fault in Discrimination Law: The Transition from Intentional to Adverse Effect Discrimination
