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Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings. In the first part of this book, the author reviews methods of law reform. He focuses on the role of the courts and legislatures as agencies of abrupt change; the remarkable rate at which the role of the courts has grown; and the means by which courts may discharge their increased responsibility for changing private law to meet contemporary needs. He strongly urges a more active and imaginative participation in law reform by both courts and legislatures, and proposes concrete methods for achieving it. In the second part of this book, Mr. Keeton concentrates on reform in two important areas of private law: harms caused by defective products and by traffic accidents. He considers the developing rules for strict liability, and discusses the issues of principle underlying the basic protection plan for traffic victims--a proposal, of which he is co-author, which is under consideration in a number of state legislatures. The closing chapter treats problems stemming from the necessity of blending the old with the new when private law reform is undertaken. This discussion stresses one of the book's recurring themes: the need to balance stability and predictability of law with flexibility and reform. The author disposes of some misconceptions about the role of public policy in a workable legal system-misconceptions that sometimes affect the attitudes and thinking not only of professionals in the field of law, but also of those who see the system from the outside. This book contains controversial ideas that will be of interest to all who are concerned with law reform, whether professionally or as informed citizens.

Judicial process -- United States. --- Law reform -- United States. --- Torts -- United States.

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Law of civil procedure --- United States --- Law reform --- Justice, Administration of --- Law reform - United States --- Justice, Administration of - United States --- United States of America

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Political sociology. --- Social policy. --- Sociological jurisprudence. --- Medical policy --- Family policy --- Educational sociology --- Law reform --- Political sociology --- Social policy --- Sociological jurisprudence --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- National planning --- State planning --- Economic policy --- Social history --- Mass political behavior --- Political behavior --- Political science --- Health care policy --- Health policy --- Medical care --- Medicine and state --- Policy, Medical --- Public health --- Public health policy --- State and medicine --- Science and state --- Families --- Families and state --- State and families --- Public welfare --- Social security --- Education and sociology --- Social problems in education --- Society and education --- Sociology, Educational --- Education --- Sociological aspects --- Government policy --- Aims and objectives --- Law reform - United States.

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The authors bring together a new legal and medical analysis of history and developments in the area of malpractice litigation. The book provides a valuable resource for doctors, lawyers and patients/consumers, especially in terms of its in-depth examination of the components of the surgical litigation crisis and legal reform.

Law reform -- United States. --- Medical care -- Law and legislation -- United States. --- Physician and patient -- United States. --- Surgeons -- Malpractice -- United States. --- Surgeons --- Medical care --- Physician and patient --- Law reform --- Specialties, Surgical --- Jurisprudence --- Professional-Patient Relations --- Medicine --- Delivery of Health Care --- Interpersonal Relations --- Social Control, Formal --- Health Care Quality, Access, and Evaluation --- Sociology --- Psychology, Social --- Health Care Economics and Organizations --- Health Occupations --- Disciplines and Occupations --- Health Care --- Behavior and Behavior Mechanisms --- Social Sciences --- Anthropology, Education, Sociology and Social Phenomena --- Psychiatry and Psychology --- Physician-Patient Relations --- Malpractice --- General Surgery --- Law - U.S. --- Law, Politics & Government --- Health Professions Legislation - U.S. --- Surgery --- Surgery, General --- Surgical Procedures, Operative --- Negligence --- Negligence, Professional --- Liability, Legal --- Medical Errors --- Professional Misconduct --- Doctor Patient Relations --- Physician Patient Relations --- Physician Patient Relationship --- Doctor-Patient Relations --- Doctor Patient Relation --- Doctor-Patient Relation --- Physician Patient Relation --- Physician Patient Relationships --- Physician-Patient Relation --- Relation, Doctor Patient --- Relation, Doctor-Patient --- Relation, Physician Patient --- Relation, Physician-Patient --- Relations, Doctor Patient --- Relations, Doctor-Patient --- Relations, Physician Patient --- Relations, Physician-Patient --- Relationship, Physician Patient --- Relationships, Physician Patient --- Operating room personnel --- Physicians --- Science, Social --- Sciences, Social --- Social Science --- Behavior And Behavior Mechanism --- Community-Based Distribution --- Contraceptive Distribution --- Delivery of Healthcare --- Dental Care Delivery --- Distribution, Non-Clinical --- Distribution, Nonclinical --- Distributional Activities --- Healthcare --- Healthcare Delivery --- Healthcare Systems --- Non-Clinical Distribution --- Nonclinical Distribution --- Delivery of Dental Care --- Health Care Delivery --- Health Care Systems --- Activities, Distributional --- Activity, Distributional --- Care, Health --- Community Based Distribution --- Community-Based Distributions --- Contraceptive Distributions --- Deliveries, Healthcare --- Delivery, Dental Care --- Delivery, Health Care --- Delivery, Healthcare --- Distribution, Community-Based --- Distribution, Contraceptive --- Distribution, Non Clinical --- Distributional Activity --- Distributions, Community-Based --- Distributions, Contraceptive --- Distributions, Non-Clinical --- Distributions, Nonclinical --- Health Care System --- Healthcare Deliveries --- Healthcare System --- Non Clinical Distribution --- Non-Clinical Distributions --- Nonclinical Distributions --- System, Health Care --- System, Healthcare --- Systems, Health Care --- Systems, Healthcare --- Health Professions --- Health Occupation --- Health Profession --- Profession, Health --- Professions, Health --- Occupations --- Healthcare Economics and Organizations --- Health Care Economics --- Health Economics --- Healthcare Economics --- Care Economic, Health --- Economic, Health --- Economic, Health Care --- Economic, Healthcare --- Economics, Health Care --- Health Care Economic --- Health Economic --- Healthcare Economic --- Psychology, Perceptual --- Social Psychology --- Perceptual Psychology --- General Social Development and Population --- Healthcare Quality, Access, and Evaluation --- Regulation --- Social Control --- Control, Social --- Controls, Social --- Formal Social Control --- Formal Social Controls --- Regulations --- Social Controls --- Public Policy --- Gender Issues --- Husband-Wife Communication --- Partner Communication --- Social Relationships --- Communication, Husband-Wife --- Communication, Partner --- Communications, Husband-Wife --- Communications, Partner --- Husband Wife Communication --- Husband-Wife Communications --- Interpersonal Relation --- Partner Communications --- Relation, Interpersonal --- Relations, Interpersonal --- Relationship, Social --- Relationships, Social --- Social Relationship --- Social Behavior --- Friends --- Emotional Intelligence --- Medical Specialities --- Medical Specialties --- Medical Specialty --- Specialities, Medical --- Specialties, Medical --- Specialty, Medical --- Medical Speciality --- Speciality, Medical --- Health Workforce --- Contacting Clients --- Pharmacist-Patient Relations --- Professional Patient Relationship --- Client, Contacting --- Clients, Contacting --- Contacting Client --- Pharmacist Patient Relations --- Pharmacist-Patient Relation --- Professional Patient Relations --- Professional Patient Relationships --- Professional-Patient Relation --- Relation, Pharmacist-Patient --- Relation, Professional-Patient --- Relations, Pharmacist-Patient --- Relations, Professional-Patient --- Relationship, Professional Patient --- Relationships, Professional Patient --- Truth Disclosure --- Teach-Back Communication --- Constitutional Law --- Court Decision --- Law --- Legal Aspects --- Legal Obligations --- Legal Status --- State Interest --- Litigation --- Medical Jurisprudence --- Aspect, Legal --- Aspects, Legal --- Constitutional Laws --- Court Decisions --- Decision, Court --- Decisions, Court --- Interest, State --- Interests, State --- Jurisprudence, Medical --- Law, Constitutional --- Laws --- Laws, Constitutional --- Legal Aspect --- Legal Obligation --- Litigations --- Obligation, Legal --- Obligations, Legal --- State Interests --- Status, Legal --- Defamation --- Lawyers --- Surgical Specialties --- Law and legislation --- Psychology