Preserving Access to Justice: Resisting the Push to Restrict Tort Rights

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November 13, 2009

Many authors have struggled with the challenge of defining the concepts of access to justice and tort law.  Defining these concepts,  however,  is  less  important  than recognizing  the  historical  context  behind  the  development  of  these  concepts  and their  evolution. The impact on human interaction and conduct as well as the important social policy functions of these concepts ought to be the focus. They have developed primarily to recognize important fundamental obligations that allow people to live peaceably. Although access to justice and tort are separate and distinct concepts, they overlap in important ways.

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