Tort Law and Feminism

The article imagines what tort law might look like if it more fully embraced feminist reforms. Despite decades of compelling feminist advocacy and scholarship, tort law has largely resisted attempts to orient it toward pursuing goals of social justice or equality. Nevertheless, some feminist redirection has laid the groundwork for further development. Focusing on four foundational concepts in tort law—duty, third-party liability, harm, and damages—this article uses the tools, insights, and arguments of modern feminist tort scholarship to envision the doctrinal landscape of a tort law rooted in gender justice and social equality. It explores how reconceptualizing the duty of care, expanding third-party liability, recognizing a broader range of intimate and harassment-based harms, and eliminating gender and racial bias from damage awards could transform tort from an instrument that perpetuates social inequalities into a mechanism of social justice offering recompense and remedy to all who are wrongfully injured.