Abstract:
“… by endorsing a family/market distinction in private law, scholars have pushed intimate liability claims between spouses away from tort law and into family law. As a result, compensation for emotional harm is mostly actionable in tort when it occurs in the realm of the market rather than in the realm of the family. Today, intimate liability is left to the agendas of political reformers. Feminists on the left and social conservatives on the right are shaping the litigation on interspousal torts, but they have opposing political agendas. While feminists seek to create more gender equality and protect women both within and outside the marital bond, social conservatives seek to strengthen traditional family values by favoring married plaintiffs only. Both sets of reformers, however, care more about promoting their respective agendas than redressing the harm suffered by those who do not fit their stereotyped narratives …” (more)
Fernanda Nicola, ‘Intimate Liability: Emotional Harm, Family Law, and Stereotyped Narratives of Interspousal Torts’, WM. & MARY J. WOMEN & L. (forthcoming 2013).
First posted 2013-04-14 09:59:37
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