Un-making Law: The Conservative Campaign to Roll Back the Common Law

About this book

How the Right is subverting the legal protections of consumers workers injury victims and the environment There is an undercover war going on in America that impacts everyones life far more than has been reported. The Conservative movement has been systematically turning back a centurys worth of liberal gains and protections found in the common lawthe areas of law that affect most of the everyday activities of ordinary people. Throughout the twentieth century contract property and personal injury law evolved to take more account of social condition and the less powerful members of American society. Contracts were interpreted in light of common sense property ownership was subjected to reasonable-use provisions and consumers were protected against dangerous products. But all that is changing. Conservatives have a clear agenda to turn back the clock on the common law to increase the rights of big business. Some significant inroads have already protected gun manufacturers from lawsuits and hampered the governments protection of the environment for example; more rollbacks are on the horizon. Although this aspect of the Conservative agenda is not as visible as assaults on abortion rights and civil liberties it may ultimately have even greater impact on our society. Jay M. Feinmans book is an accessible eye-opening primer full of vivid examples and case histories. It should be an important new issue in the election debates and in our thinking about a just American society.