The Rugged Litigant: The Post-Truth Politics of Tort and How to Fight Back [9781503650626]

Overview

Tort law refers to the system of laws governing civil wrongdoing. The bedrock for vital government functions, it is most visible during legal disputes related to common activities, like driving a car and receiving medical care. It's quotidian nature makes tort a useful entry point for assessing Americans' perceptions of today's "post-truth" political landscape. Sensationalized accounts of these encounters with the law reflect broader opinions about the state and each other, across the political spectrum. Conservatives, for example, exaggerate the prevalence of frivolous claims, while liberals describe the role of 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: 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.