Feminist Approaches to Tort Law

Abstract

This article observes that one of the most interesting developments in tort scholarship during recent years has been the emergence of a literature analyzing tort problems from feminist perspectives. The article looks at three of the areas that feminist writers have explored: the possibility of a "reasonable woman" standard as an alternative to the "reasonable man"; the possible recognition of a duty to rescue, which allegedly would be in harmony with feminist ethics; and the issue of how the tort system should respond to types of harms that are disproportionately suffered by women. The article concludes that the feminist discussions of these topics have enriched the discourse of tort. Still, those discussions have been, in significant respects, inadequate. They have failed, for example, to take advantage of the relevant empirical information; and certain key issues relating to legal history and legal theory have remained underdeveloped.