The Inward Turn and the Future of Tort Theory

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Kenneth S. Abraham ◽  
George E. White

Abstract The future of tort theory cannot be sensibly imagined without understanding its past. Our aim is to understand where tort theory has been in order to predict where it may go. We contend that tort theory has experienced two different eras, and that it may well be about to enter a third. In the first era, spanning roughly the first three-quarters of the twentieth century, tort theory faced outward to the world, focusing on issues affecting redress for civil injuries that were being decided in the courts and emerging in American society at large. In the second era, roughly the last 30 to 40 years, tort theory turned inward and focused mostly on itself. The tort theory that has been done during this second era, valuable though it has been, may well have borne most of its scholarly fruit. We may therefore be ready to move into a third era, in which tort theory turns outward again and becomes occupied with the cutting-edge issues of tort law policy and principle that will be generated as the twenty-first century progresses. This Essay chronicles the first era, in which tort theory faced outward, the second era, in which tort theory turned inward, and identifies three issues that we believe may be on the tort theory agenda, when and if tort theory turns outward again. These involve the coordination and systematization of tort with other sources of regulation and compensation; redressing data theft and digital invasions of privacy; and heightened sensitivity to harm associated with sex, gender, and race-related misconduct.

2010 ◽  
Vol 40 (4) ◽  
pp. 551-578 ◽  
Author(s):  
Andreas Hess

Although by the twentieth century, industrial-capitalist fishing methods were already disrupting the Basque fishing brotherhoods (cofradías), the collective voice of the fishermen and their communities, artisanal fishing, and the traditional customs surrounding it managed to survive for a few more decades. At the beginning of the twenty-first century, however, the future for local Basque fishermen looks bleak. Due to factors beyond their control, the brotherhoods, which for a long time guaranteed both an ecological balance in the sea and common wealth among the fishermen, have become totally defunct.


Author(s):  
Charles E. Orser

Historical archaeology has grown exponentially since its inception. By the beginning of the second decade of the twenty-first century, practitioners of the field had conducted research throughout the world in locales only imagined in the mid-twentieth century. The spread of historical archaeology in Europe, Asia, and Africa—and other places with long, rich documentary histories—has meant that two senses of ‘historical archaeology’ now exist. The creation of modern-world archaeology seeks to define an archaeology of the post-Columbian world as an archaeology explicitly engaged in investigating the historical antecedents of our present age. This chapter explains the rationale behind the creation of modern-world archaeology, outlines some of its central tenets, and provides a brief example of one subject of relevance to the field.


2018 ◽  
Vol 50 (4) ◽  
pp. 11-39
Author(s):  
Nancy J. Adler

<p align="right">Only by investing in the artistry of our humanity <br/>will we create a peaceful, prosperous planet</p> “These times are riven with anxiety and uncertainty” asserts John O’Donohue.<sup>1</sup> “In the hearts of people some natural ease has been broken. … Our trust in the future has lost its innocence. We know now that anything can happen. … The traditional structures of shelter are shaking, their foundations revealed to be no longer stone but sand. We are suddenly thrown back on ourselves. At first, it sounds completely naïve to suggest that now might be the time to invoke beauty. Yet this is exactly what … [we claim]. Why? Because there is nowhere else to turn and we are desperate; furthermore, it is because we have so disastrously neglected the Beautiful that we now find ourselves in such a terrible crisis.”<sup>2</sup> Twenty‑first century society yearns for a leadership of possibility, a leadership based more on hope, aspiration, innovation, and beauty than on the replication of historical patterns of constrained pragmatism. Luckily, such a leadership is possible today. For the first time in history, leaders can work backward from their aspirations and imagination rather than forward from the past.<sup>3</sup> “The gap between what people can imagine and what they can accomplish has never been smaller.”<sup>4</sup> Responding to the challenges and yearnings of the twenty‑first century demands anticipatory creativity. Designing options worthy of implementation calls for levels of inspiration, creativity, and a passionate commitment to beauty that, until recently, have been more the province of artists and artistic processes than the domain of most managers. The time is right for the artistic imagination of each of us to co‑create the leadership that the world most needs and deserves.


Author(s):  
Telford Work

Accounts of Pentecostal ecumenism tend to take two basic shapes. In one, the story of Pentecostal and charismatic ecumenism is subsumed into the wider course of twentieth-century ecumenism, whose centre has been the World Council of Churches. The other regards Pentecostal and charismatic Christianity as an ecumenical movement in its own right, expressed in innumerable informal relationships and recently embodied in the Global Christian Forum. These two popular visions often keep Pentecostals, charismatics, and mainstream ecumenists talking past one another. An inventory of the gifts offered, gifts received, and gifts withheld or rejected among these parties in twentieth- and twenty-first-century ecumenism leads to a different interpretation of their interrelationship. The ecumenical movement at large and Pentecostal and charismatic Christianity itself are both among the renewing tides in Christ’s ecclesial ecumene. The most significant Pentecostal/charismatic contribution to ecumenism may be its own spirit, and vice versa.


Author(s):  
Brian R. Cheffins

The seventh and concluding chapter of The Public Company Transformed extrapolates from trends the previous chapters have identified to speculate on the future trajectory of the public company. Salient developments from the 2010s are taken into account, with particular emphasis being placed on those implying a path different from what would be anticipated given events occurring from the mid-twentieth century through to the opening decade of the twenty-first century. This chapter argues radical departures from present day arrangements are unlikely any time soon. For instance, recent predictions of the imminent demise of the public company appear to be wide of the mark. That means the transformation of the public company the book has described should end up being part of a larger story yet to be written rather than being a public company epitaph.


Author(s):  
Deborah Avant

Abstract What has made the United States a global leader? Though analysts often attribute American success to a combination of resources and ideas, a subtle undercurrent in these arguments points to pragmatism and the creativity it often generates as an important part of the story. First theorized by American philosophers in the nineteenth and early twentieth centuries, pragmatism emphasizes that creativity can reshape how we see norms and interests to make cooperation more likely. After discussing the basic elements of pragmatism and its intersection with prominent international relations arguments, I show how the creativity that pragmatism envisions appears in each of these books. Though the collected authors do not label themselves as pragmatists, piecing these pragmatic elements together demonstrates the importance of creativity for key global leadership moments in the twentieth century, as well as important, if under-appreciated, governance innovations in the twenty-first century. It also offers insights into how the United States might move into the future.


2012 ◽  
Vol 5 (1) ◽  
pp. 25-56
Author(s):  
Jimmy Beaulieu

A brief historical overview considers a number of factors that were not propitious for the development of a home-grown comics culture in Quebec (notwithstanding the popularity of a few noteworthy artists) including the impossibility of competing with cheaper American production, and the ambient conservatism that dominated much of the twentieth century. Beaulieu goes on to describe the shock and excitement of his discovery in the mid-1990s of an alternative comics scene (more active in Montreal than in Quebec City), and his own involvement in it from the beginning of the twenty-first century as an artist, publisher and teacher. He offers a firsthand account of the realities of negotiating the pressures of alternative comics publishing within the two structures that he set up: Mécanique Générale and the smaller and (still) more radical Colosse. There are pleasures: the ethos of collective work, the opportunity to support up-and-coming young authors and to ensure the survival of work by an illustrious predecessor, invitations to take part in productive exchanges on a local, national and international level, and the sheer obsessive pursuit of perfectionism. But there are also frustrations: the never-ending grind of getting manuscripts ready for the printer, wearying battles with publishers' reps, the constant need to manage the expectations of authors and the skewing of the market by competitors prepared to outsource printing to Asia. The author explains his decision finally to withdraw from his publishing commitments and to focus on his own work. His conclusion, about the future of comic production in Quebec, is, however, optimistic and devoid of cynicism.


2001 ◽  
pp. 20-29
Author(s):  
O. Sheludchenko

The beginning of the twenty-first century was marked by a series of crisis phenomena in the field of social life, humanity and nature. These crises, quite naturally, require a worldview of their development and the development of prerequisites for overcoming. The mass consciousness remains the ideological and ideological stereotypes that were characteristic of the century that passed before our eyes. Along with this, the development of a new vision of the present and the future - the process is very complicated and painful. Losing the usual stereotypes, people sometimes come to the thought that with them the world perishes, the collapse of social communities may seem apocalypse of the universe in general.


Author(s):  
M. Isaacson

We are always trying to extend our vision through the four senses of sight, sound, touch and smell. The microscopy devised by Hooke and Van Leeuwenhoek more than three centuries ago are examples of methods used to extend our visible vision. In fact, instrument designers since then have constructed microscopes using each one of our senses to give us peeks into the microworld. When Robert Hooke took some scrapings from his teeth and viewed the bacteria in these scrapings in his primitive microscope, a whole new view of the world ensued. It would, however, have been difficult to predict how microscopy would evolve in the following centuries.I am asked now to make similar predictions. Where will optical microscopy be in a decade? In order to even attempt to answer this question with some sense of validity we must look at the prehistory and hope it allows us to extend into the future.


Author(s):  
Dan Zahavi

How should one assess Husserl’s legacy? One possibility is to study the influence he has exerted on the development of twentieth-century philosophy. That the influence has been immense can hardly be disputed. This is not to say, of course, that everybody agreed with him; but the fact that subsequent phenomenologists, including Heidegger, Ingarden, Schutz, Fink, Sartre, Merleau-Ponty, Levinas, Gadamer, Ricœur, Derrida, Henry, and Marion, as well as leading theorists from a whole range of other traditions, including hermeneutics, critical theory, deconstruction, and post-structuralism, felt a need to react and respond to Husserl’s project and program testifies to his importance. We can, however, contrast this more backward-looking approach with a more forward-looking appraisal of Husserl’s legacy, one that basically asks the following question: ‘What are the future prospects of Husserlian phenomenology?’ Or to put it differently, ‘Does Husserlian phenomenology remain relevant for philosophy in the twenty-first century?’ These are, of course, huge questions, and there are again different ways one might go about trying to answer them....


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