Exporting United States Tort Law: The Importance of Authenticity, Necessity, and Learning from Our Mistakes

Abstract

This Article approaches the exportation of United States tort law by exploring three key issues that foreign countries should carefully consider when deciding whether to import any aspect of the American system: 1) whether the importer is obtaining the authentic tort or procedural law product and not an over-simplified or exaggerated version; 2) whether, if it is the genuine article, the importer accounts for legal developments that occurred since it was introduced in the United States and learns from our mistakes; and 3) whether the imported law fits what may be a very different legal, political, and social culture and is needed to effect the desired change. To illustrate these issues, this Article discusses four examples of tort and procedural law concepts exported from the United States.