Full Description
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.
This Research Agenda indicates key directions for future investigation in tort law, with particular focus on the ways in which laws could and should assign responsibility for injury and regulate safety. Bringing together leading international experts, this book maps out key challenges of emerging developments in tort law and theory.
Drawing on perspectives from a wide range of common-law countries, the contributing authors investigate the extent to which societal, theoretical, organisational, doctrinal and technological change will transform the landscape in which tort law operates. They explore how tort law is continually reshaped by litigants, lawyers, judges and legislators in response to the changing cultural, economic and political conditions in which it operates. Amongst other key topics, chapters analyse the ways in which AI will affect the application and development of tort doctrines, how tort claims play out in real-world litigation and how tradeoffs between tort law and compensation systems can address the problem of accidental injury.
A Research Agenda for Tort Law is a vital resource for law students and emerging scholars looking to further their understanding of current debates in the field.
Contents
Contents
1 The unexplored: a research agenda for tort law 1
Ellen M. Bublick and John C. P. Goldberg
PART I Doctrinal frontiers
2 Tort law's lifecycle: the process of recognizing new torts 8
James Goudkamp
3 Evolving theories of damage or injury in the law of
negligence 27
Donal Nolan
PART II Tort law in action
4 Extend tort principles to tort principals 44
Anita Bernstein
5 If injuries, compensation systems and injured people really
exist: tort law in the injury compensation ecosystem 63
Kylie Burns
6 The dark matter of tort law: exploring the lived experiences
of tort litigants 89
Erika Chamberlain
7 Streamlined procedures 106
Christopher J. Robinette
8 Tort liability and insurance 125
Kenneth S. Abraham and Catherine M. Sharkey
PART III Tort law and technological and theoretical change
9 How will machine learning, AI, and new information
technologies jostle tort law? 143
Jane Bambauer
10 Tort law in the age of artificial intelligence: opportunities
and challenges 158
Goh Yihan
11 Pouring new wine into old skins: the case of self-driving
cars 180
Gregory C. Keating
12 Improving nonconsequentialist accounts of negligence and
risky tradeoffs 198
Kenneth W. Simons
