ABSTRACT

This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.

chapter 1|4 pages

Introduction

chapter 2|17 pages

Theoretical Framework

chapter 3|44 pages

Normative Defence

chapter 4|18 pages

Applicatory Framework

chapter 5|48 pages

Standard of Care

chapter 6|28 pages

Duty of Care

chapter 7|20 pages

Discrimination as Negligence

chapter 8|7 pages

Conclusion