This book explores the significance of race and gender in the law of torts. The world of torts appears divided between those who suffer injury and those who inflict injury, categories that are race and gender neutral. There is a vague awareness that particular social groups are more likely to sustain certain types of injuries, but it is commonly assumed that the race or gender of the parties is no longer taken into account in the legal rules, concepts, and structures for liability. This book challenges that notion and demonstrates how the social identity of the parties and cultural views on gender and race have influenced the shape of contemporary tort law—including the types of injuries recognized, judgments about causation, and the valuation of injuries—in the United States. It considers the social construction of harms and examines whether race and gender bias exists in the basic building blocks of tort liability—the concepts of intent, negligence, causation, and damages.
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