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The Torts Scholar as Disaggregator
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Abstract
This chapter celebrates Jane Stapleton’s contributions to tort theory as disaggregation. Disaggregation as a perspective or method locates and defends diversity, fragmentation, and multiplicity in its object of attention. Stapleton herself has identified a disaggregation theme in her work: her phrase Against Grand Theories, placed at the centre of her Three Essays on Torts (OUP 2021), can be read as saying For Disunity. This chapter names other examples of disaggregation in Stapleton’s writing. Insurance, ‘common sense’, restating, and comparative law as a source of unification, Stapleton has argued, all fail to unite the disparate primary materials that populate tort. This field of law, in our honouree’s eyes, is simultaneously heterogeneous and coherent.
Title: The Torts Scholar as Disaggregator
Description:
Abstract
This chapter celebrates Jane Stapleton’s contributions to tort theory as disaggregation.
Disaggregation as a perspective or method locates and defends diversity, fragmentation, and multiplicity in its object of attention.
Stapleton herself has identified a disaggregation theme in her work: her phrase Against Grand Theories, placed at the centre of her Three Essays on Torts (OUP 2021), can be read as saying For Disunity.
This chapter names other examples of disaggregation in Stapleton’s writing.
Insurance, ‘common sense’, restating, and comparative law as a source of unification, Stapleton has argued, all fail to unite the disparate primary materials that populate tort.
This field of law, in our honouree’s eyes, is simultaneously heterogeneous and coherent.
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