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Editorial Reviews
From Publishers Weekly
Feinman, a professor of law at Rutgers, issues this indictment of what he sees as a right-wing effort to protect the wealthy and powerful by transforming the common law. The driving force of this effort, he says, is an ideology centered on property rights and freedom of contract as absolute values. In Feinman’s analysis, proponents of absolutism in property rights want to prevent the government from regulating how property is used. Regulation must be barred or made too expensive, which sacrifices the public good, such as environmental protection. Similarly, treating freedom of contract as absolute works against the interests of consumers, who find themselves bound by contracts they don’t understand and may not even learn of until the transaction is over. Likewise, according to Feinman, the right is pushing the drive for tort reform, claiming that American business is being engulfed in a Niagara of expensive liability judgments. Feinman disputes this claim and identifies the stratagems used to deny compensation to those injured by defective products or incompetent medicine. When the standard for liability is raised, when fees to successful plaintiffs’ lawyers are slashed, and when compensation to the injured is capped, Feinman argues, incentives for manufacturers to make safe products disappear. Feinman does a fine job articulating one side of a national debate of great importance.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
From Booklist
The last quarter of a century has seen a concerted effort to protect corporate interest by reducing the legal protections under common law to ordinary citizens, asserts legal scholar Feinman. Efforts to roll back common law have focused primarily on property, contracts, and tort law in debates before state and federal legislatures, as well as in the courts through judicial rulings. Feinman argues that this recent conservative tilt is in response to protections instituted in the 1960s but that this trend is more than a mere swing of the pendulum. He suggests it is a national peril because ordinary citizens have lost substantial protections formally recognized under common law, with more losses likely to come. Regressions in rights in tort law, contract, and property rights of individuals are part of a larger coordinated campaign by major corporations that is well coordinated with politicians, think tanks, and other organizations. Given the current debate surrounding limiting liability for personal injury, product law, and HMO service policies, this book is sure to spark interest. Vernon Ford
Copyright © American Library Association. All rights reserved
See all Editorial Reviews
Feinman, a professor of law at Rutgers, issues this indictment of what he sees as a right-wing effort to protect the wealthy and powerful by transforming the common law. The driving force of this effort, he says, is an ideology centered on property rights and freedom of contract as absolute values. In Feinman’s analysis, proponents of absolutism in property rights want to prevent the government from regulating how property is used. Regulation must be barred or made too expensive, which sacrifices the public good, such as environmental protection. Similarly, treating freedom of contract as absolute works against the interests of consumers, who find themselves bound by contracts they don’t understand and may not even learn of until the transaction is over. Likewise, according to Feinman, the right is pushing the drive for tort reform, claiming that American business is being engulfed in a Niagara of expensive liability judgments. Feinman disputes this claim and identifies the stratagems used to deny compensation to those injured by defective products or incompetent medicine. When the standard for liability is raised, when fees to successful plaintiffs’ lawyers are slashed, and when compensation to the injured is capped, Feinman argues, incentives for manufacturers to make safe products disappear. Feinman does a fine job articulating one side of a national debate of great importance.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
From Booklist
The last quarter of a century has seen a concerted effort to protect corporate interest by reducing the legal protections under common law to ordinary citizens, asserts legal scholar Feinman. Efforts to roll back common law have focused primarily on property, contracts, and tort law in debates before state and federal legislatures, as well as in the courts through judicial rulings. Feinman argues that this recent conservative tilt is in response to protections instituted in the 1960s but that this trend is more than a mere swing of the pendulum. He suggests it is a national peril because ordinary citizens have lost substantial protections formally recognized under common law, with more losses likely to come. Regressions in rights in tort law, contract, and property rights of individuals are part of a larger coordinated campaign by major corporations that is well coordinated with politicians, think tanks, and other organizations. Given the current debate surrounding limiting liability for personal injury, product law, and HMO service policies, this book is sure to spark interest. Vernon Ford
Copyright © American Library Association. All rights reserved
See all Editorial Reviews
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Inside Another Edition of this Book Citations: This book cites 72 books | 1 book that cites this book Explore: Citations | Books on Related Topics | Concordance | Text Stats Key Phrases - SIPs: tort reformers, tort reform proposals, classical legal thought, classical contract law, property rights movement (more) Key Phrases - CAPs: Penn Central, New York, Mountain States, Defenders of Property Rights, New Jersey (more) Browse Sample Pages: Front Cover | Copyright | Table of Contents | Excerpt | Index | Back Cover | Surprise Me! |
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