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发表于 2008-2-3 20:39:50
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Why Lawsuits are Good for America: Disciplined Democracy, Big Business, and the Common Law
By Carl Bogus
Publisher: NYU Press
Number Of Pages: 272
Publication Date: 2001-07-01
ISBN-10 / ASIN: 081471319X
ISBN-13 / EAN: 9780814713198
Binding: Hardcover
Book Description:
"Bogus uses product liability cases --common law cases-- to show how lawsuits, or even the threat of lawsuits, have made businesses change the way they operate, to the benefit of society."
—Journal of the West
"Compelling . . . Bogus presents a persuasive corrective to the distorted and factually incorrect arguments of those who seek to prevent victims from shifting the cost of accidents and injuries to responsible wrongdoers. If any book was needed to contribute to that side of the national debate, this is the one."
—Bar Reporter
"A sophisticated study that makes an important contribution to discussions of the civil justice system"
—Trial
"Debunks the horror stories about irrational punitive-damage awards . . . Bogus's convincing, sustained argument will make a useful contribution to an important national debate."
—Publishers Weekly
"Compelling arguments. . . . This book provides an important perspective on a timely issue, and its engaging style makes it suitable for a broad audience."
—Harvard Law Review
Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald's because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless.
Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce "wrong" results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever.
As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. "Tort reform"—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush's first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies.
Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of "disciplined democracy" in the twenty-first century.
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