HON 324 - Private Law as Public Policy

Must be an Honors student to take this class unless given permission by faculty member and program director. This course will be a consideration of the social and political choices that are reflected in certain areas of contemporary tort law (i.e., the law of personal injury). It will explore the benefits and costs of tort liability as a mechanism for the allocation of social costs and for providing compensation for injuries, and for expressing social and political judgments about moral condemnation and appropriate levels of care and safety. This course will be an inquiry into public policy, social choice, economic incentives, and theories of justice. It will also reflect on how society makes such decisions, or who in society is given the authority to make such decisions for the rest of us. One special area of focus will be “premises liability,” and, more specifcally, the liability of landowners for criminal acts against their tenants and clientele by unknown third parties. The questions about such liability may seem easy if posed as “was the landlord at fault?” or “should landlord have to pay?” It may be less easy if posed as “who should pay?” And, some would say, the latter version may be more accurate, since someone always is going to pay. We will attempt to compare the development of premises liability law in California to the emerging rationale for strict liability for many commercial tortfeasors (wrongdoers), where it is often concluded that if there is an inevitable harm associated with certain commercial arrangements, some plan for compensation ought to be made by the commercial enterprise. Letter grade. (Offered as needed.) 3 credits