UN-MAKING LAW(ISBN=9780807044278) 英文原版 在线 lit 下载 kindle 免费 pdf docx 电子版 txt

　　There is an undercover war going on in America that impacts

everyone's life far more than the legal issues that typically grab

the headlines. The conservative movement has been systematically

turning back a century's worth of the evolving gains and

protections found in the common law-the areas of law that affect

the everyday activities of ordinary people.

Throughout the twentieth century, contract, property, and

personal injury law evolved to take more account of social

conditions and the needs of consumers, workers, and less powerful

members of American society. Contracts were interpreted in light of

common sense, property ownership was subjected to reasonable-use

provisions to protect the environment, and consumers were protected

against dangerous products.

But all that is changing. Conservatives have a clear agenda to

turn back the clock on the common law to maximize the profits of

big business. Some significant inroads have already been made to

protect gun manufacturers from lawsuits, enforce form contracts

that prevent employees from suing for discrimination, and hamper

the government's protection of the environment against aggressive

development, for example. More rollbacks are on the horizon.

Although this aspect of the conservative agenda is not as visible

as assaults on abortion rights and civil liberties, it may

ultimately have even greater impact on our society. Jay M.

Feinman's book is an accessible, eye-opening primer, full of vivid

examples and case histories-from victims of medical malpractice who

cannot recover damages to people who relinquish their right to sue

by applying for a job.

If you subscribe to any of these common myths of

twenty-first-century America, you will find surprising facts and

illuminating analysis in Un-Making Law:

The "All-American Blame Game" has corrupted our moral

fiber-everyone is looking for a scapegoat to sue whenever anything

goes wrong.

Malpractice lawsuits have gone sky-high in recent years, forcing

insurance companies reluctantly to raise rates and forcing doctors

out of practice.

Consumers and employees agree to arbitration because it is a much

simpler, less expensive, and fairer way to resolve contract

disputes.

The government invades the rights of private property owners when

it protects endangered species and regulates land development.

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