Law and Community The Case of Torts

In Law and Community, Robert F. Cochran, Jr., and Robert M. Ackerman explore the connections between individualism and communitarianism in American law. The authors argue that, though tort law is dominated by individualistic language, it has significant communitarian influences.

Robert F. Cochran Jr. is Louis D. Brandeis Professor and director of the Institute on Law, Religion, and Ethics at Pepperdine University School of Law.

Acknowledgments

ix

Introduction

1

(10)

Intermediate Communities: For Good and Ill

11

(14)

Tort Law and Intermediate Communities: An Overview

25

(20)

An Intermediate Communitarian Perspective on Tort Law

45

(16)

Torts and Families

61

(28)

Religious Congregations

89

(34)

Torts and the Larger Community: The Limits of Legal Obligation

123

(32)

Preserving the Larger Community (or How to Avoid Killing the Goose That Laid the Golden Egg)

155

(34)

Damages, the Community, and 9/11

189

(34)

Toward a Communitarian Tort System

223

(24)

Communitarian Principles and Law

247

(10)

Index

257

(6)

About the Authors

263

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Law and Community The Case of Torts

Summary

Author Biography

Table of Contents

Supplemental Materials