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The Measure of InjuryRace, Gender, and Tort Law$
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Martha Chamallas and Jennifer B. Wriggins

Print publication date: 2010

Print ISBN-13: 9780814716762

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814716762.001.0001

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(p.183) Conclusion
The Measure of Injury

Martha Chamallas

Jennifer B. Wriggins

NYU Press

This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the social identity of tort victims and the context of their injuries. It has analyzed claims for intentional wrongs and negligently caused injuries based on the premise that the individuals who pursue such claims have a race and a gender. To conclude, this book summarizes the many different ways through which considerations of race and gender find their way into tort law. It offers three general prescriptions to make the law more equitable and more responsive to the interests of women and minorities: the first builds on the willingness of some courts to allow principles and norms from statutory civil rights law and constitutional law to migrate into torts; the second focuses on the issue of deciding when to impose a duty of due care in negligence cases; and the third relates to the structure and core of tort law as it is generally conceived.

Keywords:   tort law, tort victims, race, gender, women, minorities, statutory civil rights law, constitutional law, duty of due care, negligence

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