文章基本信息

标题：From Coultas to Alcock and Beyond: Will Tort Law Fail Women?
本地全文：下载
作者：Barbara Hocking ; Alison Smith
期刊名称：QUT Law Review
电子版ISSN：2201-7275
出版年度：1995
卷号：11
页码：120-156
语种：English
出版社：Queensland University of Technology
摘要：To begin with, this paper draws out the threads to the criticisms of law advanced by feminist theorists, focussing in particular upon arguments concerning the gendered nature of harms and injury. It then examines one particular area of tort law, that of nervous shock, in order to ask the question 'does tort law fail women'. An historical overview of cases reveals that a subtle moral scrutiny initially informed the legal outcome. However, step by step, the law has moved to recompense women, particularly mothers, and to recognise their suffering consequential upon harm to immediate family members.