An Injury Law Constitution

Hardcover | April 9, 2012

byMarshall S. Shapo

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An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. The book argues that the body of law that Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution -a fundamental set of principles that govern relations between human persons and between individual persons and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulatesafety of activities and products including drugs, medical devices, automobile design, and pesticides. Professor Shapo's analysis, into which he weaves the history of these systems of law, is then linked to the unique compensation plan devised for the victims of the September 11th attacks. Professor Shapo writes about how our injury law reflects deeply held views in American society on risk andinjury, indicating how the injury law constitution is a guide to the question of what it means to be an American. Setting aside easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities andproducts.

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An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. The book argues that the body of law that Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution -a fundamental set of principles that govern ...

Marshall S. Shapo is Frederic P. Vose Professor of Law at Northwestern University School of Law. Professor Shapo teaches courses and seminars in torts, the law of dangerous products, and science and the legal system. He received an AB, summa cum laude, and LLB, magna cum laude, from the University of Miami, where he was first in his cl...

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Format:HardcoverDimensions:310 pages, 9.25 × 6.12 × 0.98 inPublished:April 9, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199896364

ISBN - 13:9780199896363

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Table of Contents

Introduction1. An Injury Law Constitution2. Injury Law and Power3. Rights4. Injuries5. Mechanisms of the Law6. Legal Doctrine7. Functional Elements of the Law8. Social and Individual Goods, Sometimes in Competition9. The Rationales of Injury Law10. Remedies and Sanctions11. The Supreme Court and Injury LawConclusion