Monday, August 13, 2012

The Law of Torts & Literature

Raghu Rai, “Bhopal Gas Tragedy” (In an interview Rai says he saw a Muslim family burying this little girl and asked them to remove the dirt from her face so he could take a photograph.)


At PrawfsBlawg, Jody Madeira writes:

“The last time I taught Torts, I came up with a (voluntary) ‘Torts and Tortes’ plan where interested students could sign up in groups of six to have dinner with me at a local restaurant. That proved to be a lot of fun. But this fall, I’m stuck. I can’t easily implement Torts and Tortes again, because my 10-month-old has food allergies and so I have to modify my diet accordingly. So I have thought up a new plan to implement a –“ book club” of sorts where interested students can read a book or two over the course of the semester and get together at a local watering hole to discuss them.

For Law and Medicine, my selections are (I think) The Immortal Life of Henrietta Lacks and, for fiction, Kazuo Ishiguro’s Never Let Me Go (though I am torn between that and My Sister’s Keeper). But I can’t seem to think of a second book for Torts. So far I’ve selected Ken Feinberg’s What is Life Worth, about the 9-11 compensation fund. I can’t seem to decide on a second book. I’m not thrilled about obvious picks like A Civil Action or The Buffalo Creek Disaster. Most of the other titles that spring to mind are criminal law-oriented. Any suggestions?”

One reader recommends The Unit (2008 in English) by Ninni Holmqvist. I seconded the use of Russell Banks’s The Sweet Hereafter (1991) in light of the reasons found in Zahr Said’s paper, “Incorporating Literary Methods and Texts in the Teaching of Tort Law,” available here on SSRN. I also suggested taking a look at a book I’ve yet to read, Indra Sinha’s Animal’s People (2007), which was shortlisted for the Booker Prize. It is a fictionalized account of the aftermath of the Bhopal disaster, on which Sinha is something of an expert:

“Sinha has been a passionate campaigner for justice for the victims of the Bhopal disaster since 1993, when he created the first advertisement for the Bhopal Medical Appeal (using the now-famous photograph by Raghu Rai of a dead child being buried) that raised money to build a clinic to provide free treatment for the survivors. He is an outspoken critic of Dow Chemical Company, the multinational owner of Union Carbide, whose neglected, dilapidated and undermanned chemical plant in the city of Bhopal leaked 27 tonnes of poisonous gas on the night of 3 December 1984, killing up to 8,000 people and injuring upwards of half a million. Around 22,000 people have died as a result of injuries sustained on ‘that night,’ and more than 100,000 remain chronically ill; the abandoned, derelict factory continues to leach toxic chemicals into the groundwater, poisoning wells.”

Readers are invited over to PrawfsBlawg to proffer your suggestions to Jody.

[cross-posted at The Literary Table]

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