Hastings Women’s Law Journal


Yifat Bitton


Tort law developed into a cornerstone of private law through the influence of traditional legal approaches, such as legal realism and economic reasoning. However, second-wave feminist analysis has also transformed tort law in recent years. By comparing U.S. and Israeli cases, the author demonstrates that feminist critique has added a new dimension to this legal field. Chapter One introduces the obstacles that have impeded the mainstreaming of feminist discourse. Chapter Two explores how gender biases inherent and perpetuated in tort law better serve men than women. The eventual exposure of these biases led to feminist-derived changes in Israeli tort law, which is explained in Chapter Three. The final chapter identifies the limitations of current feminist analysis to tort law, and concludes with the author's support for further evolution and application of this analysis.