Who Cares? - Miller, Nelson P.

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Résumé :
Law today misnames civil liability as tort law when instead we should call it the law of care or better yet the law of love. Don't be surprised that law has always concerned itself so much with love. This book examines the earliest recovered law fragments from 4,500 years ago, reflecting even then the venerated law of care. Chapters survey civil-liability laws from Hammurabi's Code 4,000 years ago to the Covenant Code 3,500 years ago, Christ 2,000 years ago, Roman codes 1,500 years ago, old-English laws 1,000 years ago, and natural-law treatises 500 years ago, up to the Declaration of Independence and early American jurists 200 years ago. All knew and reflected care's critical value to law. Civil-liability law needs this historical and philosophical perspective, given its present political attention, special-interest lobbying, propaganda-like attacks, judicial reversals, and piecemeal and no-fault legislation. Materialism strips civil-liability law of history, dignity, and value, replacing the law of care with utilitarian doctrines calling care a burden, cost, or loss. Care is instead law's organizing concept, prime goal, and principal value. We need to know what civil liability meant from beginning of recorded time, how the wise handed it down through the ages, and what it means to us today. We need a natural history of the law of love. Who cares? We should all care. Love harms no neighbor but instead fulfills the law.

Biographie:
Nelson P. Miller is a law professor and dean who has published 35 books and many more book chapters and articles on legal education, law practice, tort law, civil procedure, damages, international law, constitutional law, university law, professional responsibility, bioethics, and legal history and philosophy. He is one of 20 law professors selected for study in the Harvard University Press project What the Best Law Professors Do. Dean Miller practiced civil litigation for over a decade and a half before joining the Western Michigan University Cooley Law School faculty in 2004. While in law practice, he argued cases before the Michigan Supreme Court, Michigan Court of Appeals, and United States Court of Appeals for the Sixth Circuit, and filed petitions, responses, and briefs in the United States Supreme Court, representing individuals, private corporations, non-profit corporations, government agencies, public schools, and public and private universities in his state and federal court practice, winning and defending multi-million dollar jury trials while handling civil cases in products liability, personal injury, airliner and helicopter crashes, civil rights, securities, employment, real estate, and business disputes. Dean Miller served the State Bar of Michigan on its Representative Assembly and as a member of its Law-Related Education Committee, Equal Access Initiative Committee, Criminal Issues Initiative, and Publications and Websites Advisory Committee. His public service includes writing United States Supreme Court amicus briefs for public-interest organizations, providing pro-bono legal services to individuals, and forming and advising non-profit organizations. He has also served as president and treasurer of a public charter school academy, president and board member of the Kent County Legal Assistance Center, and board member of the Heart of West Michigan United Way. Dean Miller's scholarly publications have been in the areas of torts, civil procedure, international law, constitutional law, university law, professional responsibility, bioethics, and legal history, philosophy, and education. He has published articles, essays, or book reviews in the Journal of Legal Education, Journal of the Legal Profession, Michigan Law Review, Penn State Law Review, Louisiana Law Review, New England Law Review, Whittier Law Review, University of Detroit-Mercy Law Review, Regent Journal of International Law, Journal of College and University Law, Scribes Journal of Legal Writing, Southern Methodist University Science & Technology Law Review, Cooley Law Review, Thomas M. Cooley Journal of Practical & Clinical Law, and Journal of Markets & Morality. The State Bar of Michigan recognized Dean Miller as a Citizen Lawyer and recognized him with the John W. Cummiskey Award for pro-bono service. At WMU-Cooley, Dean Miller teaches Torts I and II, Civil Procedure II, Professional Responsibility, No-Fault Insurance Law, Advanced Professional Ethics, Tax-Exempt Organizations, Health Law, and Employment and Workplace Discrimination Law. He is the Associate Dean of WMU-Cooley's Grand Rapids campus.

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