The Myth Of The Litigious Society
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The Myth Of The Litigious Society
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Author : David M. Engel
language : en
Publisher: University of Chicago Press
Release Date : 2016-09-16
The Myth Of The Litigious Society written by David M. Engel and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-16 with Law categories.
While the United States is often called the Land of the Law Suit, in reality Americans hardly sue at all. In fact, when it comes to physical injuries, over 90% of the time, we--as David M. Engel points out in his engaging and provocative book--simply lump it, making no claims against either the injurers or their insurance companies. Bringing to bear an impressive array of research and data, Engel firmly and persuasively demolishes the pervasive myth of the litigious American. But why don t most people sue whey they have been wrongfully physically injured? We have in fact a mystery, what Engel calls The Case of the Missing Plaintiff. The solution his investigation leads us to is as fascinating as it is unexpected. Engel reconstructs how people who suffer injuries actually react to them. When real people experience physical injuries, their lives, thoughts, and emotions are profoundly disrupted and compromised. They often have difficulty thinking clearly and acting decisively. Human nature, our immediate friends and families, and broader social and cultural factors all tend again injury victims making claims. And as often as one might have heard of victim-blaming, self-blame is one of the most common reactions of victims to their injuries. Ultimately Engel shows that the proliferation of law and regulations in our society is not the problem. The real problem is the law s failure to protect those who suffer wrongful injuries. Tort law is usually said to serve three purposes that even those who want to curtail law suits would agree on: to compensate losses suffered by injury victims, to deter unnecessarily risky and harmful behavior, and to correct the moral injustice that results when one person or group injures another. Engel s book clearly and powerfully shows that none of these purposes is being met and concludes his investigation with recommendations for how they might be."
The Asian Law And Society Reader
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Author : Lynette J. Chua
language : en
Publisher: Cambridge University Press
Release Date : 2023-02-28
The Asian Law And Society Reader written by Lynette J. Chua and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-28 with Law categories.
First reader to feature key law and society research and debates in nearly all Asian countries.
Distorting The Law
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Author : William Haltom
language : en
Publisher: University of Chicago Press
Release Date : 2009-11-15
Distorting The Law written by William Haltom and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-15 with Law categories.
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Litigious Society
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Author : Jethro Koller Lieberman
language : en
Publisher:
Release Date : 1981-05-28
Litigious Society written by Jethro Koller Lieberman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-05-28 with Law categories.
The Lawyer S Myth
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Author : Walter Bennett
language : en
Publisher: University of Chicago Press
Release Date : 2010-02-15
The Lawyer S Myth written by Walter Bennett and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-15 with Law categories.
Lawyers today are in a moral crisis. The popular perception of the lawyer, both within the legal community and beyond, is no longer the Abe Lincoln of American mythology, but is often a greedy, cynical manipulator of access and power. In The Lawyer's Myth, Walter Bennett goes beyond the caricatures to explore the deeper causes of why lawyers are losing their profession and what it will take to bring it back. Bennett draws on his experience as a lawyer, judge, and law teacher, as well as upon oral histories of lawyers and judges, in his exploration of how and why the legal profession has lost its ennobling mythology. Effectively using examples from history, philosophy, psychology, mythology, and literature, Bennett shows that the loss of professionalism is more than merely the emergence of win-at-all-cost strategies and a scramble for personal wealth. It is something more profound—a loss of professional community and soul. Bennett identifies the old heroic myths of American lawyers and shows how they informed the values of professionalism through the middle of the last century. He shows why, in our more diverse society, those myths are inadequate guides for today's lawyers. And he also discusses the profession's agony over its trickster image and demonstrates how that archetype is not only a psychological reality, but a necessary component of a vibrant professional mythology for lawyers. At the heart of Bennett's eloquently written book is a call to reinvigorate the legal professional community. To do this, lawyers must revive their creative capacities and develop a meaningful, professional mythology—one based on a deeper understanding of professionalism and a broader, more compassionate ideal of justice.
The Litigation Explosion
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Author : Walter K. Olson
language : en
Publisher: Plume Books
Release Date : 1992
The Litigation Explosion written by Walter K. Olson and has been published by Plume Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.
The Medical Malpractice Myth
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Author : Tom Baker
language : en
Publisher: ReadHowYouWant.com
Release Date : 2011-03
The Medical Malpractice Myth written by Tom Baker and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03 with Law categories.
n January 2005, President Bush declared the medical malpractice liability system out of control.The president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years - that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, direct...
Rights Of Inclusion
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Author : David M. Engel
language : en
Publisher: University of Chicago Press
Release Date : 2003-06-15
Rights Of Inclusion written by David M. Engel and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-06-15 with Biography & Autobiography categories.
Examines how civil rights legislation impacts the lives of ordinary Americans, drawing on the experiences of sixty interviewees that have been victims of discrimination to discuss how civil rights impacted their lives.
Injury And Injustice
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Author : Anne Bloom
language : en
Publisher: Cambridge Studies in Law and Society
Release Date : 2018-03-15
Injury And Injustice written by Anne Bloom and has been published by Cambridge Studies in Law and Society this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-15 with Law categories.
Explores the inescapable experience of injury and its implications for social inequality in different cultural settings.
Injury And Injustice
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Author : Anne Bloom
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-08
Injury And Injustice written by Anne Bloom and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-08 with Law categories.
This book addresses some of the most difficult and important debates over injury and law now taking place in societies around the world. The essays tackle the inescapable experience of injury and its implications for social inequality in different cultural settings. Topics include the tension between physical and reputational injuries, the construction of human injuries versus injuries to non-human life, virtual injuries, the normalization and infliction of injuries on vulnerable victims, the question of reparations for slavery, and the paradoxical degradation of victims through legal actions meant to compensate them for their disabilities. Authors include social theorists, social scientists and legal scholars, and the subject matter extends to the Middle East and Asia, as well as North America.