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  • Author or Editor: Kirsty Horsey x
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This captivating book explores uncharted territory in tort law, shedding light on underexplored viewpoints in the field.

The collection brings issues of social class, race, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people.

Written by experts in the main areas of tort law from negligence to defamation and personal torts, chapters will:

• deepen students’ understanding of the central concepts and practices of tort law;

• uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences;

• amplify under-represented voices by signposting to the work and ideas of scholars that are less visible in the field.

Integrating marginalized perspectives into the curriculum and discourse, this indispensable textbook paves the way for a more inclusive and comprehensive understanding of tort law.

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In addition to highlighting the non-neutrality of tort law, and its personal, real-life context, this collection brings issues of social class, ‘race’, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people. The deliberate welcoming of both diverse topics and interpretations, alongside diverse voices, is intended to help students gain and develop further critical understanding of the goals of tort, whether they are achieved (and if so, who for, and at what cost), or whether tort law serves to perpetuate existing inequalities and division. By including a wider range of voices and views within a core tort law text, we hope to uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences, and provide a useful resource for those seeking to engage with more critical and diverse perspectives on tort.

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In addition to highlighting the non-neutrality of tort law, and its personal, real-life context, this collection brings issues of social class, ‘race’, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people. The deliberate welcoming of both diverse topics and interpretations, alongside diverse voices, is intended to help students gain and develop further critical understanding of the goals of tort, whether they are achieved (and if so, who for, and at what cost), or whether tort law serves to perpetuate existing inequalities and division. By including a wider range of voices and views within a core tort law text, we hope to uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences, and provide a useful resource for those seeking to engage with more critical and diverse perspectives on tort.

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In addition to highlighting the non-neutrality of tort law, and its personal, real-life context, this collection brings issues of social class, ‘race’, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people. The deliberate welcoming of both diverse topics and interpretations, alongside diverse voices, is intended to help students gain and develop further critical understanding of the goals of tort, whether they are achieved (and if so, who for, and at what cost), or whether tort law serves to perpetuate existing inequalities and division. By including a wider range of voices and views within a core tort law text, we hope to uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences, and provide a useful resource for those seeking to engage with more critical and diverse perspectives on tort.

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This chapter explains why a collection like this is important, locating it within a tradition of critical legal education and scholarship. It explains that it is important to remember that tort law is topical and about real people and their experiences, and appeals to the ‘humanity’ of tort. It goes on to give a synopsis of the chapters to follow.

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This chapter considers how developments in reproductive medicine and technology have brought new issues to bear on traditional tort law principles, by closely examining what we call ‘reproductive torts’. The following themes are considered separately, as well as the relationship between them. First, the idea of reproductive harm – what is it, who does it affect and who should pay for it when it occurs? Second, social justice and reproduction, particularly in relation to structural inequalities relating to gender, ‘race’, class and disability. Third, tort law’s response, considering its purpose and development and the extent to which it can address reproductive harm and issues of social justice. The chapter explores whether and how tortious principles could be developed differently if social justice was more of a priority. In particular, it asks whether tort law principles could be developed in a way that collectivises, rather than privatises, responsibility for health and care, and recognises and values not only the suffering, but also the experiences, transitions and adjustments that people who are injured, and those who love and care for them, make following negligent treatment.

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