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Judicial Authority and the Liability of the Manufacturer, or Jusqu’où Peut-on Aller Trop Loin?

Judicial Authority and the Liability of the Manufacturer, or Jusqu’où Peut-on Aller Trop Loin? H. PATRICK GLENN Judicial Authority and the Liability of the Manufacturer , or Jusqu'ou Peut-on Aller Trop Loin? What are the limits of the judiciary in providing compensation to persons injured through contact with manufactured products? Formulated in this manner, the question is not immediately sugges­ tive of a response, since the notions of compensation, injury, contact and manufactured products direct our attention not to the process of adjudication between competing claims, but to a need for redress, brought about by circumstances which may have been entirely fortu­ itous. The expression "products liability" similarly occults the exist­ ence of litigation and competing claims, though we know, or are in the process of learning, that products themselves are not subject to liability, and that the existence of products in itself gives rise to no liability on the part of human defendants. Judicial limits, if they ex­ ist, must therefore be found elsewhere, in the notion of adjudication itself, or in criteria for liability which are compatible with, or even perhaps derived from, the notion of adjudication. Why is so much current language concerning the liability of the manufacturer couched in terms which obscure the adjudicative func­ tion and the existence http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Judicial Authority and the Liability of the Manufacturer, or Jusqu’où Peut-on Aller Trop Loin?

Glenn, H. Patrick
American Journal of Comparative Law , Volume 38 (3) – Jul 1, 1990
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Publisher
Oxford University Press
Copyright
© 1990 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840313
Publisher site
See Article on Publisher Site

Abstract

H. PATRICK GLENN Judicial Authority and the Liability of the Manufacturer , or Jusqu'ou Peut-on Aller Trop Loin? What are the limits of the judiciary in providing compensation to persons injured through contact with manufactured products? Formulated in this manner, the question is not immediately sugges­ tive of a response, since the notions of compensation, injury, contact and manufactured products direct our attention not to the process of adjudication between competing claims, but to a need for redress, brought about by circumstances which may have been entirely fortu­ itous. The expression "products liability" similarly occults the exist­ ence of litigation and competing claims, though we know, or are in the process of learning, that products themselves are not subject to liability, and that the existence of products in itself gives rise to no liability on the part of human defendants. Judicial limits, if they ex­ ist, must therefore be found elsewhere, in the notion of adjudication itself, or in criteria for liability which are compatible with, or even perhaps derived from, the notion of adjudication. Why is so much current language concerning the liability of the manufacturer couched in terms which obscure the adjudicative func­ tion and the existence

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jul 1, 1990

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