Why Lawsuits are Good for America: Disciplined Democracy, Big Business, and the Common Law (Critical America) (Paperback)

~ Carl Bogus (Author)
Key Phrases: United States, New York, Meyer Proctor (more...)

Editorial Reviews

From Publishers Weekly

Is the American jury system out of control, imposing crushing, undeserved verdicts on corporate defendants? This view is powerfully advocated by associations of manufacturers and the right wing, but the author finds it mistaken. Bogus (The Second Amendment in Law and History), associate professor at Roger Williams University School of Law, debunks the horror stories about irrational punitive-damage awards, finding that in nearly all instances the defendant's conduct bordered on the despicable and that, in any event, trial or appellate judges often reduced the verdicts to a small fraction of the stupendous amounts originally awarded. Bogus contends that the judicial system, though imperfect, is not fundamentally broken and serves an important regulatory purpose. He examines the history of the jury system from its origins in England, where juries are rarely impaneled today in civil cases, and the U.S., where the court traditionally defers to the jury's reaction to the evidence. Bogus explores products-liability law back to Justice Benjamin Cardozo's paradigm in the 1911 MacPherson v. Buick Motor Co., which states, "We have put aside the notion that the duty to safeguard life and limb... grows out of contract and nothing else," concluding that, by creating incentives for manufacturers to improve product safety and forcing information out into the open, products liability serves a valuable social function. This book, although a work of advocacy, maintains a fair-minded and dispassionate tone and refrains from distracting hyperbole. Bogus's convincing, sustained argument will make a useful contribution to an important national debate.

Copyright 2001 Cahners Business Information, Inc.

--This text refers to the Hardcover edition.

From Library Journal

The author of numerous articles on such topics as product liability and gun issues, Bogus (Roger Williams Univ. Sch. of Law) argues that "lawsuits are good for America because the common law," fashioned by courts and juries, "serves an essential regulatory function." Awards in lawsuits (and he focuses largely on product liability suits) are a form of deterrence that serve not primarily to compensate victims but to make officials and organizations change behavior. Chapters cover misrepresentations of lawsuit awards and settlements by media and politicians, the history of lawsuits and common law, the role of the judicial branch of government, auto safety and product liability lawsuits, and more. Particularly interesting are Bogus's discussions of media, politics, and tort reform, how the judiciary moderates jury decisions, and the development of product liability law. Of the many books on torts and product liability, only this one presents a general argument for the tort system's benefiting U.S. democracy. This is fairly challenging reading but very fruitful for scholars, students, and other informed patrons with an interest in public policy. Mary Jane Brustman, SUNY at Albany Libs.
Copyright 2001 Reed Business Information, Inc. --This text refers to the Hardcover edition.

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Product Details

• Paperback: 272 pages
• Publisher: NYU Press (July 1, 2003)
• Language: English
• ISBN-10: 0814799167
• ISBN-13: 978-0814799161
• Product Dimensions: 8.8 x 5.9 x 0.6 inches
• Shipping Weight: 12.8 ounces (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars  See all reviews (5 customer reviews)
• Amazon.com Sales Rank: #1,146,237 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

8 of 10 people found the following review helpful:

4.0 out of 5 stars Disciplined Democracy, October 15, 2003

By	Dale Golden (Phila., PA United States) - See all my reviews

This review is from: Why Lawsuits are Good for America: Disciplined Democracy, Big Business, and the Common Law (Hardcover)

The author's central argument is that product liability lawsuits are an essential vehicle for enabling citizens to impose societal values on powerful corporations. The market can't do this because the profit motive can encourage corporate behavior that unfairly imposes business's costs on the public. Government regulation is often hamstrung by the pressures powerful competing interests bring to bear on the political process. But, combined with important safeguards built into the judicial process, juries bring diverse life experiences, societal mores, and a gut-level sense of fairness to important issues that impact citizens' lives. The common law enables the community to extract information from hard-to reach places and to provide a democratic check on the powerful. I would say the author made his case.

4 of 5 people found the following review helpful:

5.0 out of 5 stars A Keeper Book, November 11, 2005

By	Thompson J. McCullough "a lawyer" (York PA) - See all my reviews (REAL NAME)

This well-written book helps debunk any assumption that the title "Why Lawsuits Are Good For America" may contain an oxymoron. Mr. Bogus describes a common law system that is very recognizable to those of us who practice law in America today. Jurors take their responsibilities very seriously. Jurors are fully capable of finding facts and applying nuanced statements of the law and crafting reasoned verdicts. Keep this book in your library and refer to it when you hear others fretting about whether jurors can handle emotional or big dollar cases.

9 of 17 people found the following review helpful:

5.0 out of 5 stars A Must Read, October 17, 2002

By	Jerry Bosch "jerrybosch" (Wilson, Wyoming USA) - See all my reviews

This review is from: Why Lawsuits are Good for America: Disciplined Democracy, Big Business, and the Common Law (Hardcover)

Thsi book does a great job of describing and defining the two distinct roles of our civil justice system - (1) to compensate victims and (2) to regulate conduct. This book could not be more timely a read for those interested in casting an educated vote in the 2002 elections. President Bush, supported by big business, as tried more than once during the past year to pass federal legislation to give corporate america a free ride. This book explains why "tort reform" is so important to big business and why they are willing to spend so much to put politicians in office that will trade the public's constitutional rights for campaign contributions. After spending the first few chapters with a historical perspective on our jury system and debunking more than a few rumers started by the tort "deformers" the author turns to hsi focus on the area of products liability. This section may be a little over the heads of those that have no experience with the legal system. Not withstanding, I think even the basic reader will understand from the authors examples the grip corporate america has on our government. I think the author does a good job of supporting his words with facts and this book has a wealth of statistical information for anyone who finds themselves entrenched in the war on our civil justice system. I wish I had enough money to buy a copy for every politicians I know.