Pain and the Law

There are many ways in which the law functions to regulate pain, such as by authorizing the infliction of pain on another person or by providing a remedy for one’s pain. This course will explore the topic of pain as applied to a variety of legal contexts, including the constitutional limits on painful bodily intrusions, the application of tort law in reparations cases, and the use of civil rights litigation to redress pain. Key questions we will examine throughout the course include: Who may lawfully inflict pain on another? Who does the law require to endure pain? What are the limits of legally allowable pain? How can pain best be redressed under the law? How do race, sex, disability, class, and other factors impact whose pain gets redressed under the law? Students will discuss cases, legal scholarship, and other selected materials during class discussions.