"The paternalist project for our civil courts runs something as follows. After the revolution -- which perhaps has already taken place—the average citizen will enjoy a vast array of wonderful new rights to sue other people. You will be empowered to haul your neighbors and fellow citizens to court if you feel they have fallen short of good faith and fair play. You will be entitled to sue them for unlimited damages, punitive as well as compensatory, even over behavior that had previously been thought not subject to liability at all. Everyone will be under a vague but stringent obligation to look out for your safety and welfare, enforceable by legal action. You will enjoy a cornucopia of contention opportunities, a smorgasbord of suing options, a Lotus-land of litigability."
senior fellow of the Manhattan Institute, editor of New Directions in Liability Law (1988), author of (1991)The Litigation Explosion: What
Happened When America Unleashed the Lawsuit
Tortification of Contract Law: Displacing Consent and Agreement, 77 Cornell Law Review 1043, 1043 (1992).
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