The Rugged Litigant: The Post-Truth Politics of Tort and How to Fight Back [9781503647527]

Overview

Tort law refers to the system of laws governing civil wrongdoing, which is a bedrock governmental function and entails hundreds of thousands of lawsuits annually. These suits range from individual disputes stemming from car crashes, medical errors, or slip-and-fall accidents, to complex public health issues like the fallout from artificial intelligence and social media.Sensationalized accounts of these encounters with the law are part of a broader post-truth politics and the ongoing culture wars in contemporary Americanpolitics. Conservative rhetoric, for example, exaggerates the prevalence of frivolous claims, while liberal talking pointsdescribe tort as holding reckless corporations accountable.

  In this book, the authors map these debates onto the mythology of rugged American individualism, which privileges both stoic self-reliance and standing up to powerful interests. They explore attitudes towards claimants and claims in three policy areas: medical malpractice, auto collisions, and premises liability. deftly weaves a story of complex and layered preferences that defy conventional accounts of culture wars, and ultimately, display a shocking degree of consensus across ideologies: people believe that litigation should be an option - when used as a last resort. These findings offer a novel roadmap for countering the seemingly intractable polarization in today's politics.