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Tort
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Not to be confused with tart, torte, or torta.
Part of the common law series
Tort law
Intentional torts
Assault
Battery
False imprisonment
Intentional infliction of emotional distress
Transferred intent
Property torts
Trespass
land
chattels
Conversion
Detinue
Replevin
Trover
Defenses
Assumption of risk
Comparative negligence
Contributory negligence
Consent
Necessity
Statute of limitations
Self-defense
Defense of others
Defense of property
Shopkeeper's privilege
Negligence
Duty of / standard of care
Proximate cause
Res ipsa loquitur
Calculus of negligence
Rescue doctrine
Duty to rescue
Negligent infliction of emotional distress
Employment-related
Entrustment
Malpractice
legal
medical
Liability torts
Product liability
Quasi-tort
Ultrahazardous activity
Nuisance
Public nuisance
Rylands v Fletcher
Dignitary torts
Defamation
Invasion of privacy
False light
Breach of confidence
Abuse of process
Malicious prosecution
Alienation of affections
Criminal conversation
Seduction
Breach of promise
Economic torts
Fraud
Tortious interference
Conspiracy
Restraint of trade
Liability and remedies
Last clear chance
Eggshell skull
Vicarious liability
Volenti non fit injuria
Ex turpi causa non oritur actio
Neutral reportage
Damages
Injunction
Torts and conflict of laws
Joint and several liability
Comparative responsibility
Market share liability
Duty to visitors
Trespassers
Licensees
Invitees
Attractive nuisance
Other common law areas
Contracts
Criminal law
Evidence
Property
Wills, trusts, and estates
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A tort, in common law jurisdictions, is a civil wrong[1] that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act.
The person who commits the act is called a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit, commonly referred to as the injured party, must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict.
Legal injuries are not limited to physical injuries and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. Torts comprise such varied topics as automobile accidents, false imprisonment, defamation, product liability, copyright infringement, and environmental pollution (toxic torts). While many torts are the result of negligence, tort law also recognizes intentional torts, where a person has intentionally acted in a way that harms another, and in a few cases (particularly for product liability in the United States) "strict liability" which allows recovery without the need to demonstrate negligence.
Tort law is different from criminal law in that: (1) torts may result from negligent as well as intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was acquitted in an earlier criminal trial. For example, O. J. Simpson was acquitted in criminal court of murder but later found liable for the tort of wrongful death.
Contents
[hide]
1 History
1.1 Medieval period
1.2 English influence
1.3 United States influence
1.4 Modern development
2 Comparative law
3 Conflict of laws
4 Categories
4.1 Negligence
4.1.1 Proximate cause
4.2 Intentional torts
4.3 Statutory torts
4.4 Nuisance
4.5 Defamation
4.6 Business torts
5 Liability, defenses, and remedies
5.1 Vicarious liability
5.2 Defenses
5.2.1 Consent and warning
5.2.2 Comparative or contributory negligence
5.2.3 Illegality
5.2.4 Other defenses and immunities
5.3 Remedies
6 Theory and reform
7 Relationship to contract law
8 Overlap with criminal law
9 Landmark judgements and related legislation
10 See also
11 Notes
12 Bibliography
13 Further reading
14 External links
History[edit]
See also: History of contract law
Roman law contained provisions for torts in the form of delict, which later influenced the civil law jurisdictions in Continental Europe, but a distinctive body of law arose in the common law world traced to English tort law. The word 'tort' was first used in a legal context in the 1580s,[2] although different words were used for similar concepts prior to this time.
Medieval period[edit]
Torts and crimes at common law originate in the Germanic system of compensatory fines for wrongs (OE unriht), with no clear distinction between crimes and other wrongs.[3] In Anglo-Saxon law, most wrongs required payment in money or in kind (bōt, literally 'remedy') to the wronged person or their clan.[4] Wīte (literally 'blame, fault') was paid to the king or holder of a court for disturbances of public order. Weregild, which was a murder fine based on a victim's worth, was intended to prevent blood feuds.[3] Some wrongs in later law codes were botleas 'without remedy' (e.g. theft, open murder, arson, treason against one's lord), that is, unable to be compensated, and those convicted of a botleas crime were at the king's mercy.[5] Items or creatures which caused death were also destroyed as deodands. Assessing intention was a matter for the court, but Alfred the Great's Doom book did distinguish unintentional injuries from intentional ones, whereas culpability depended on status, age, and gender.
After the Norman Conquest, fines were paid only to courts or the king, and quickly became a revenue source. A wrong became known as a tort or trespass, and there arose a division between civil pleas and pleas of the crown.[6] The petty assizes (i.e. of novel disseisin, of mort d'ancestor, and of darrein presentment) were established in 1166 as a remedy for interference with possession of freehold land. The trespass action was an early civil plea in which damages were paid to the victim; if no payment was made, the defendant was imprisoned. The plea arose in local courts for slander, breach of contract, or interference with land, goods, or persons. Although the details of its exact origin are unclear, it became popular in royal courts so that in the 1250s the writ of trespass was created and made de cursu (available by right, not fee); however, it was restricted to interference with land and forcible breaches of the king's peace. It may have arisen either out of the "appeal of felony", or assize of novel disseisin, or replevin. Later, after the Statute of Westminster 1285, in the 1360s, the "trespass on the case" action arose for when the defendant did not direct force.[3] As its scope increased, it became simply "action on the case". The English Judicature Act passed 1873 through 1875 abolished the separate actions of trespass and trespass on the case.[3]
In 1401, the English case Beaulieu v Finglam imposed strict liability for the escape of fire; additionally, strict liability was imposed for the release of cattle.[3] Negligently handling fire was of particular importance in these societies given capacity for destruction and relatively limited firefighting resources. Liability for common carrier, which arose around 1400, was also emphasized in the medieval period.[3] Unintentional injuries were relatively infrequent in the medieval period. As transportation improved and carriages became popular in the 18th and 19th centuries, however, collisions and carelessness became more prominent in court records.[3] In general, scholars of England such as William Blackstone took a hostile view to litigation, and rules against champerty and maintenance and vexatious litigation existed.[7] The restriction on assignment of a cause of action is a related rule based on public policy.
English influence[edit]
The right of victims to receive redress was regarded by later English scholars as one of the rights of Englishmen.[8] Blackstone's Commentaries on the Laws of England, which was published in the late 18th century, contained a volume on "private wrongs" as torts and even used the word tort in a few places.[8]
United States influence[edit]
United States tort law was influenced by English law and Blackstone's Commentaries on the Laws of England, with several state constitutions specifically providing for redress for torts[8] in addition to reception statutes which adopted English law. However, tort law was viewed[who?] as relatively undeveloped by the mid-19th century; the first American treatise on torts was published in the 1860s but the subject became particularly established when Oliver Wendell Holmes, Jr wrote on the subject in the 1880s.[8] Holmes' writings have been described as the "first serious attempt in the common law world to give torts both a coherent structure and a distinctive substantive domain",[9] although Holmes' summary of the history of torts has been critically reviewed.[10]
Modern development[edit]
The law of torts for various jurisdictions has developed independently. In the case of the United States, a survey of trial lawyers pointed to several modern developments, including strict liability for products based on Greenman v. Yuba Power Products, the limitation of various immunities (e.g. sovereign immunity, charitable immunity), comparative negligence, broader rules for admitting evidence, increased damages for emotional distress, and toxic torts and class action lawsuits. However, there has also been a reaction in terms of tort reform, which in some cases have been struck down as violating state constitutions, and federal preemption of state laws.[11]
Modern torts are heavily affected by insurance and insurance law, as most cases are settled through claims adjustment rather than by trial, and are defended by insurance lawyers, with the insurance policy, a deep pocket limit, setting a ceiling on the possible payment.[12]
Comparative law[edit]
In the international comparison of modern tort law, common law jurisdictions based upon English tort law have foundational differences from civil law jurisdiction, which may be based on the Roman concept of delict. Even among common law countries, however, significant differences exist. For example, in England legal fees of the winner are paid by the loser (the English rule versus the American rule of attorney fees). Common law systems include United States tort law, Australian tort law, Canadian tort law, Irish tort law, and Scots Law of Delict. The Jewish law of rabbinic damages is another example although tort in Israeli law is technically similar to English law as it was enacted by British Mandate of Palestine authorities in 1944 and took effect in 1947. There is more apparent split between the Commonwealth countries (principally England, Canada and Australia) and the United States, although Canada may be more influenced by the United States due to its proximity.[13]
The United States has been perceived as particularly prone to filing tort lawsuits even relative to other common law countries, although this perception has been criticized and debated.[14] As of 1987, class actions were relatively uncommon outside of the United States.[14] As of 1987, English law was less generous to the plaintiff in the following ways: contingent fee arrangements were restricted, English judges tried more decisions and set damages rather than juries, wrongful death lawsuits were relatively restricted, punitive damages were relatively unavailable, the collateral source rule was restricted, and strict liability, such as for product liability, was relatively unavailable.[14] England's welfare state, such as free healthcare through National Health Service, may limit lawsuits.[14] On the other hand, as of 1987 England had no workers compensation system and lawsuits due to workplace injuries were relatively common and facilitated by trade unions, whereas in the United States the system of workers compensation insurance prohibits lawsuits against the employer although lawsuits against third parties such as manufacturers does occur.[14] The United States also has faced a rise in no-fault insurance for automobile liability in several states.[14] In England, ombudsmen may also take cases which could alternatively become tort lawsuits.[14]
When comparing Australia and the United States, Australia's tort law is similarly state law; however, there is a federal common law for torts unlike the United States. The influence of the United States on Australia has been limited. The United States may have influenced Australia's development of strict liability for products indirectly through legislation affected by European Union, and in the 1990s class actions were introduced in Australia.[13] Australia has universal healthcare and 'welfare state' systems which also limit lawsuits.[13] In New Zealand, a no-fault accident compensation system has limited the development of personal injury torts.[13]
Conflict of laws[edit]
Main article: Conflict of tort laws
In certain instances, different jurisdictions' law may apply to a tort, in which case rules have developed for which law to apply. This occurs particularly in the United States, where each of the 50 states may have different state laws, but also may occur in other countries with a federal system of states, or internationally.[citation needed]
Categories[edit]
Main article: Outline of tort law
Torts may be categorized in several ways, with a particularly common division between negligent and intentional torts. Quasi-torts may be used to refer to torts which are similar to but somewhat different from typical torts. Particularly in the United States, "collateral tort" is used to refer to torts in labour law such as intentional infliction of emotional distress ("outrage");[15] or wrongful dismissal; these evolving causes of action are debated and overlap with contract law or other legal areas to some degree.[16]
The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, or to relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests or noneconomic interests such as the tort of negligent infliction of emotional distress in the United States. Negligence actions include claims coming primarily from car accidents and personal injury accidents of many kinds, including clinical negligence, worker's negligence and so forth. Product liability cases, such as those involving warranties, may also be considered negligence actions or, particularly in the United States, may apply regardless of negligence or intention through strict liability.
Intentional torts include, among others, certain torts arising from the occupation or use of land. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. Trespass allows owners to sue for entrances by a person (or his structure, such as an overhanging building) on their land. Several intentional torts do not involve land. Examples include false imprisonment, the tort of unlawfully arresting or detaining someone, and defamation (in some jurisdictions split into libel and slander), where false information is broadcast and damages the plaintiff's reputation.
In some cases, the development of tort law has spurred lawmakers to create alternative solutions to disputes. For example, in some areas, workers' compensation laws arose as a legislative response to court rulings restricting the extent to which employees could sue their employers in respect of injuries sustained during employment. In other cases, legal commentary has led to the development of new causes of action outside the traditional common law torts. These are loosely grouped into quasi-torts or liability torts.[citation needed]
Negligence[edit]
Main article: Negligence
Negligence is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. Although credited as appearing in the United States in Brown v. Kendall, the later Scottish case of Donoghue v Stevenson [1932] AC 562, followed in England, brought England into line with the United States and established the 'tort of negligence' as opposed to negligence as a component in specific actions.[17] In Donoghue, Mrs. Donoghue drank from an opaque bottle containing a decomposed snail and claimed that it had made her ill. She could not sue Mr. Stevenson for damages for breach of contract and instead sued for negligence. The majority determined that the definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. The elements in determining the liability for negligence are:[citation needed]
The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle
There was a dereliction or breach of that duty
The tortfeasor directly caused the injury [but for the defendant's actions, the plaintiff would not have suffered an injury].
The plaintiff suffered damage as a result of that breach
The damage was not too remote; there was proximate cause to show the breach caused the damage
In certain cases, negligence can be assumed under the doctrine of res ipsa loquitur (Latin for "the thing itself speaks"); particularly in the United States, a related concept is negligence per se.[18]
For example, in the business realm, the auditor has a duty of care to the company they are auditing - that the documents created are a true and reliable representation of the company's financial position. However, as per Esanda Finance Corporation Ltd v. Peat Marwick Hungerfords, such auditors do NOT provide a duty of care to third parties who rely on their reports. An exception is where the auditor provides the third party with a privity letter, explicitly stating the third party can rely on the report for a specific purpose. In such cases, the privity letter establishes a duty of care.[19]
Proximate cause[edit]
Main article: Proximate cause
Proximate cause means that you must be able to show that the harm was caused by the tort you are suing for.[20][21] The defense may argue that there was a prior cause or a superseding intervening cause. A common situation where a prior cause becomes an issue is the personal injury car accident, where the person re-injures an old injury. For example, someone who has a bad back is injured in the back in a car accident. Years later he is still in pain. He must prove the pain is caused by the car accident, and not the natural progression of the previous problem with the back. A superseding intervening cause happens shortly after the injury. For example, if after the accident the doctor who works on you commits malpractice and injures you further, the defense can argue that it was not the accident, but the incompetent doctor who caused your injury. [1]
Intentional torts[edit]
Main article: Intentional tort
Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so. Intentional torts have several subcategories:
Torts against the person include assault, battery, false imprisonment, intentional infliction of emotional distress, and fraud, although the latter is also an economic tort.
Property torts involve any intentional interference with the property rights of the claimant (plaintiff). Those commonly recognized include trespass to land, trespass to chattels (personal property), and conversion.
An intentional tort requires an overt act, some form of intent, and causation. In most cases, transferred intent, which occurs when the defendant intends to injure an individual but actually ends up injuring another individual, will satisfy the intent requirement.[22] Causation can be satisfied as long as the defendant was a substantial factor in causing the harm.
Statutory torts[edit]
A statutory tort is like any other, in that it imposes duties on private or public parties, however they are created by the legislature, not the courts. For example, the European Union's Product Liability Directive imposes strict liability for defective products that harm people; such strict liability is not uncommon although not necessarily statutory.
As another example, in England common law liability of a landowner to guests or trespassers was replaced by the Occupiers' Liability Act 1957; a similar situation occurred in the U.S. State of California in which a judicial common law rule established in Rowland v. Christian was amended through a 1985 statute.[23] Statutory torts also spread across workplace health and safety laws and health and safety in food. In some cases federal or state statutes may preempt tort actions, which is particularly discussed in terms of the U.S. FDA Preemption;[24] although actions in the United States for medical devices are preempted due to Riegel v. Medtronic, Inc. (2008), actions for medical drugs are not due to Wyeth v. Levine (2009).
Nuisance[edit]
Main article: Nuisance
"Nuisance" is traditionally used to describe an activity which is harmful or annoying to others such as indecent conduct or a rubbish heap. Nuisances either affect private individuals (private nuisance) or the general public (public nuisance). The claimant can sue for most acts that interfere with their use and enjoyment of their land. In English law, whether activity was an illegal nuisance depended upon the area and whether the activity was "for the benefit of the commonwealth", with richer areas subject to a greater expectation of cleanliness and quiet.[25] The case Jones v Powell (1629) provides an early example, in which a person's professional papers were damaged by the vapors of a neighboring brewery. Although the outcome of this case is unclear,[25] Whitelocke of the Court of the King's Bench is recorded as saying that since the water supply in area was already contaminated, the nuisance was not actionable as it is "better that they should be spoiled than that the commonwealth stand in need of good liquor".[citation needed]
In Rylands v. Fletcher (1868), strict liability was established for a dangerous escape of some hazard, including water, fire, or animals as long as the cause was not remote. In Cambridge Water Co Ltd v Eastern Counties Leather plc (1994), chemicals from a factory seeped through a floor into the water table, contaminating East Anglia's water reservoirs.[26]
Defamation[edit]
Main article: Defamation
Defamation is tarnishing the reputation of someone; it has two varieties, slander and libel. Slander is spoken defamation and libel is printed or broadcast defamation. The two otherwise share the same features: making a factual assertion for which evidence does not exist. Defamation does not affect or hinder the voicing of opinions, but does occupy the same fields as rights to free speech in the First Amendment to the Constitution of the United States, or Article 10 of the European Convention of Human Rights. Related to defamation in the U.S. are the actions for misappropriation of publicity, invasion of privacy, and disclosure. Abuse of process and malicious prosecution are often classified as dignitary torts as well.
Business torts[edit]
Main articles: Economic tort and Misrepresentation
Business torts (i.e., economic torts) typically involve commercial transactions, and include tortious interference with trade or contract, fraud, injurious falsehood, and negligent misrepresentation. Negligent misrepresentation torts are distinct from contractual cases involving misrepresentation in that there is no privity of contract; these torts are likely to involve pure economic loss which has been less-commonly recoverable in tort. One criterion for determining whether economic loss is recoverable is the "foreseeability" doctrine.[27] The economic loss rule is highly confusing and inconsistently applied.[28] In 2010, the supreme court of the U.S. state of Washington replaced the economic loss doctrine with an "independent duty doctrine".[29]
Economic antitrust torts have been somewhat submerged by modern competition law. However, in the United States, private parties are permitted in certain circumstances to sue for anticompetitive practices, including under federal or state statutes or on the basis of common law tortious interference, which may be based upon the Restatement (Second) of Torts §766.[30] Federal laws include the Sherman Antitrust Act of 1890 followed by the Clayton Antitrust Act which restrict cartels and through Federal Trade Commission regulate mergers and acquisitions. In the European Union, articles 101 and 102 of the Treaty on the Functioning of the European Union apply but allowing private actions to enforce antitrust laws is under discussion.[citation needed]
Negligent misrepresentation as tort where no contractual privity exists was disallowed in England by Derry v Peek [1889]; however, this position was overturned in Hedley Byrne v Heller in 1964 so that such actions were allowed if a "special relationship" existed between the plaintiff and defendant.[31] United States courts and scholars "paid lip-service" to Derry; however, scholars such as William Prosser argued that it was misinterpreted by English courts.[31] The case of Ultramares Corporation v. Touche (1932) limited the liability of an auditor to known identified beneficiaries of the audit and this rule was widely applied in the United States until the 1960s.[31] The Restatement (Second) of Torts expanded liability to "foreseeable" users rather than specifically identified "foreseen" users of the information, dramatically expanding liability and affecting professionals such as accountants, architects, attorneys, and surveyors.[31] As of 1989, most U.S. jurisdictions follow either the Ultramares approach or the Restatement approach.[31]
The tort of deceit for inducement into a contract is a tort in English law, but in practice has been replaced by actions under Misrepresentation Act 1967.[32] In the United States, similar torts existed but have become superseded to some degree by contract law and the pure economic loss rule.[33] Historically (and to some degree today), fraudulent (but not negligent[33]) misrepresentation involving damages for economic loss may be awarded under the "benefit-of-the-bargain" rule (damages identical to expectation damages in contracts[33]) which awards the plaintiff the difference between the value represented and the actual value.[33] Beginning with Stiles v. White (1846) in Massachusetts, this rule spread across the country as a majority rule with the "out-of-pocket damages" rule as a minority rule.[33] Although the damages under the "benefit-of-the-bargain" are described as compensatory, the plaintiff is left better off than before the transaction.[33] The economic loss rule which emerged in the 20th century would eliminate these losses if applied strictly,[29] which has led to preclusion of the tort or an exception to allow the tort if not related to a contract.[33]
Liability, defenses, and remedies[edit]
Indirect liability may arise due to some involvement, notably through joint and several liability doctrines as well as forms of secondary liability. Liability may arise through enterprise liability. Other concepts include market share liability.
Vicarious liability[edit]
Main article: Vicarious liability
In certain cases, a person might be liable for their employee or child under the law of agency through the doctrine of respondeat superior. For example, if a shop employee spilled cleaning liquid on the supermarket floor and a victim fell and suffered injuries, the plaintiff might be able to sue either the employee or the employer. There is considerable academic debate about whether vicarious liability is justified on no better basis than the search for a solvent defendant, or whether it is well founded on the theory of efficient risk allocation.
Defenses[edit]
Main article: Defense (legal)
A successful defense absolves the defendant from full or partial liability for damages. Apart from proof that there was no breach of duty, there are three principal defenses to tortious liability.
Consent and warning[edit]
Main articles: Consent and Waiver
Typically, a victim cannot hold another liable if the victim has implicitly or explicitly consented to engage in a risky activity. This is frequently summarized by the maxim "volenti non fit injuria" (Latin: "to a willing person, no injury is done" or "no injury is done to a person who consents"). In many cases, those engaging in risky activities will be asked to sign a waiver releasing another party from liability.
For example, spectators to certain sports are assumed to accept a risk of injury, such as a hockey puck or baseball striking a member of the audience. Warnings by the defendant may also provide a defense depending upon the jurisdiction and circumstances. This issue arises, for example, in the duty of care that landowners have for guests or trespasses, known as occupiers' liability.
Comparative or contributory negligence[edit]
Main articles: Comparative negligence and Contributory negligence
If the victim has contributed to causing their own harm through negligent or irresponsible actions, the damages may be reduced or eliminated entirely. The English case Butterfield v. Forrester (1809) established this defense. In England, this "contributory negligence" became a partial defense, but in the United States, any fault by the victim completely eliminated any damages.[34] This meant that if the plaintiff was 1% at fault, the victim would lose the entire lawsuit.[34] This was viewed as unnecessarily harsh and therefore amended to a comparative negligence system in many states; as of 2007 contributory negligence exists in only a few states such as North Carolina and Maryland.[34]
In comparative negligence, the victim's damages are reduced according to the degree of fault. Comparative negligence has been criticized as allowing a plaintiff who is recklessly 95% negligent to recover 5% of the damages from the defendant. Economists have further criticized comparative negligence as not encouraging precaution under the calculus of negligence. In response, many states now have a 50% rule where the plaintiff recovers nothing if the plaintiff is more than 50% responsible.
Illegality[edit]
If the claimant is involved in wrongdoing at the time the alleged negligence occurred, this may extinguish or reduce the defendant's liability. The legal maxim ex turpi causa non oritur actio, Latin for "no right of action arises from a despicable cause". Thus, if a burglar is verbally challenged by the property owner and sustains injury when jumping from a second story window to escape apprehension, there is no cause of action against the property owner even though that injury would not have been sustained but for the property owner's intervention.
Other defenses and immunities[edit]
Further information: Sovereign immunity, Good Samaritan law, and Charitable immunity
Historically, immunity has been granted to governments under sovereign immunity and to charitable organizations under charitable immunity, although these have eroded in the United States.[11]
Various laws limit liability when giving aid to a person in need; liability can arise from a failure to help due to the duty to rescue.
Remedies[edit]
The main remedy against tortious loss is compensation in damages or money. In a limited range of cases, tort law will tolerate self-help, such as reasonable force to expel a trespasser. This is a defense against the tort of battery. Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an injunction, such as in the English case Miller v Jackson (1977). This means a command, for something other than money by the court, such as restraining the continuance or threat of harm. Usually injunctions will not impose positive obligations on tortfeasors, but some Australian jurisdictions can make an order for specific performance to ensure that the defendant carries out their legal obligations, especially in relation to nuisance matters.[35]
Theory and reform[edit]
Main article: Tort reform
Scholars and lawyers have identified conflicting aims for the law of tort, to some extent reflected in the different types of damages awarded by the courts: compensatory, aggravated,[36] and punitive. British scholar Glanville Williams notes four possible bases on which different torts rested: appeasement, justice, deterrence and compensation.[37]
From the late 1950s a group of legally oriented economists and economically oriented lawyers known as law and economics scholars emphasized incentives and deterrence, and identified the aim of tort as being the efficient distribution of risk. Ronald Coase, a principal proponent, argued in The Problem of Social Cost (1960) that the aim of tort should be to reflect as closely as possible liability where transaction costs should be minimized.[38]
Since the mid-to-late 20th century, calls for reform of tort law have come from various perspectives. Some calls for reform stress the difficulties encountered by potential claimants. For example, because not all people who have accidents can find solvent defendants from which to recover damages in the courts, P. S. Atiyah has called the situation a "damages lottery".[39] Consequently, in New Zealand, the government in the 1960s established a no-fault system of state compensation for accidents. Similar proposals have been the subject of Command Papers in the UK and much academic debate.
In the U.S., reform has typically limited the scope of tort law and damages available, such as limiting joint and several liability, the collateral source rule, or capping noneconomic damages for emotional distress or punitive damages. These reform statutes are sometimes rejected as unconstitutional under the state constitutions by state supreme courts,[40] with the Seventh Amendment to the United States Constitution possibly also relevant.[41] Theoretical and policy considerations are central to fixing liability for pure economic loss and of public bodies.
Relationship to contract law[edit]
Tort is sometimes viewed as the causes of action which are not defined in other areas such as contract or fiduciary law.[42] However, tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred[42] and it may not be clear whether an action "sounds in tort or contract"; if both apply and different standards apply for each (such as a statute of limitations), courts will determine which is the "gravamen" (the most applicable). Circumstances such as those involving professional negligence[42] may involve both torts and contracts. The choice may affect time limits or damages, particularly given that damages are typically relatively limited in contract cases while in tort cases noneconomic damages such as pain and suffering may be awarded.[42] Punitive damages are relatively uncommon in contractual cases versus tort cases.[43] However, compensation for defective but not unsafe products is typically available only through contractual actions[42] through the law of warranty.
In the United Kingdom, plaintiffs in professional negligence cases have some degree of choice in which law while in commercial transactions contract law applies; in unusual cases, intangible losses have been awarded in contract law cases.[42]
In the United States, the pure economic loss rule has been used to "mark the boundary" between tort and contract law cases and courts may consider a case which involves both causes to fall under only one area of law.[29] This "economic loss rule" was adopted by the Supreme Court of the United States East River Steamship Corp V Transamerica Delaval Inc. (1986) and has expanded across the country in a non-uniform manner, leading to confusion.[29] Among other examples, the tort of insurance bad faith arises out of a contractual relationship, and "collateral torts" such as wrongful dismissal involving possible overlap with labour law contracts.[16]
Overlap with criminal law[edit]
There is some overlap between criminal law and tort. For example, in English law an assault is both a crime and a tort (a form of trespass to the person). A tort allows a person, usually the victim, to obtain a remedy that serves their own purposes (for example by the payment of damages to a person injured in a car accident, or the obtaining of injunctive relief to stop a person interfering with their business). Criminal actions on the other hand are pursued not to obtain remedies to assist a person – although often criminal courts do have power to grant such remedies – but to remove their liberty on the state's behalf. This explains why incarceration is usually available as a penalty for serious crimes, but not usually for torts. In early common law, the distinction between crime and tort was not distinct.[44]
The more severe penalties available in criminal law also means that it requires a higher burden of proof to be discharged than the related tort. For example, in the O. J. Simpson murder trial, the jury was not convinced beyond reasonable doubt that O. J. Simpson had committed the crime of murder; but in a later civil trial, the jury in that case decided that there was sufficient evidence to meet the standard of preponderance of the evidence required to prove the tort of wrongful death.[45]
Many jurisdictions, especially the US, retain punitive elements in tort damages, for example in anti-trust and consumer-related torts, making tort blur the line with criminal acts. Also there are situations where, particularly if the defendant ignores the orders of the court, a plaintiff can obtain a punitive remedy against the defendant, including imprisonment. Some torts may have a public element – for example, public nuisance – and sometimes actions in tort will be brought by a public body. Also, while criminal law is primarily punitive, many jurisdictions have developed forms of monetary compensation or restitution which criminal courts can directly order the defendant to pay to the victim.[46]
Landmark judgements and related legislation[edit]
Asbestos and the law
See also[edit]
Outline of tort law
Index of tort articles
Journal of Tort Law
Notes[edit]
Jump up ^ Glanville Williams, or grounds for lawsuit. Learning the Law. Eleventh Edition. Stevens. 1982. p. 9
Jump up ^ The word is derived from Old French and Anglo-French "tort" (injury), which is derived from Medieval Latin tortum,. See Online Etymology Dictionary.
^ Jump up to: a b c d e f g Malone WS. (1970). Ruminations on the Role of Fault in the History of the Common Law of Torts. Louisiana Law Review.
Jump up ^ See Medieval Sourcebook: The Anglo-Saxon Dooms, 560–975. Internet Medieval Source Book by Fordham University.
Jump up ^ Bruce R. O'Brien, "Anglo-Saxon Law", in The Oxford International Encyclopedia of Legal History, vol. 1 (Oxford: Oxford UP, 2009), 179.
Jump up ^ David Ibbetson, "Tort: English Common Law", in The Oxford International Encyclopedia of Legal History, vol. 5 (Oxford: Oxford UP, 2009), 467.
Jump up ^ Sebok A. (2011). What is Wrong with Wrongdoing. Florida State University Law Review.
^ Jump up to: a b c d Goldberg JCP. (2005). The constitutional status of tort law: Due process and the right to a law for the redress of wrongs. Yale Law Journal.
Jump up ^ Goldberg JCP, Zipursky BC. (2010). Torts as Wrongs. Texas Law Review.
Jump up ^ Michael L. Rustad, Thomas F. Lambert Jr.. Book Review of: A Revisionist History of Tort Law: from Holmesian Realism to Neoclassical Rationalism. Suffolk University Law School.
^ Jump up to: a b American Association for Justice (1996). Top 10 in torts: evolution in the common law..
Jump up ^ Goldberg JCP. (2008). Ten Half-Truths About Tort Law. Valparaiso University Law Review.
^ Jump up to: a b c d Cane P. (2012). Searching for United States Tort Law in the Antipode. Pepperdine Law Review.
^ Jump up to: a b c d e f g Atiyah PS. (1987). Tort Law and the Alternatives: Some Anglo-American Comparisons. Duke Law Journal.
Jump up ^ Chamallas M, Vriggins JB. (2010). The Measure of Injury: Race, Gender, and Tort Law, p. 68.
^ Jump up to: a b Gergen M. (1995). Grudging Defense of the Role of the Collateral Torts in Wrongful Termination Litigation Employment. Texas Law Review.
Jump up ^ Ferrari F. (1994). Donoghue v. Stevenson's 60th Anniversary. Annual Survey of International & Comparative Law.
Jump up ^ Twerski. (2009). Third Restatement of Torts: Issue One: Article: Negligence Per Se and Res Ipsa Loquitur: Kissing Cousins. Wake Forest Law Review. Prepublication copy.
Jump up ^ Sadler, Pauline (2009). "Liability for Negligent Misrepresentation in the Finance Industry" (PDF). The Finance Industry. 11.
Jump up ^ "March v E Stramare Pty Ltd (1991) 171 CLR 506". austlii.edu.au. Retrieved 4 July 2016.
Jump up ^ Ch. 12, Proximate or legal cause LexisNexis Study Outline.
Jump up ^ "Transferred Intent - LawShelf Educational Media". nationalparalegal.edu.
Jump up ^ Calvillo-Silva v. Home Grocery, 19 Cal. 4th 714 (1998).
Jump up ^ Glantz LH, Annas GJ. (2008). The FDA, Preemption, and the Supreme Court. New England Journal of Medicine.
^ Jump up to: a b Cavert W. (2009). Right to Clean Air? Coal Smoke, Property, and Nuisance Law in Early Modern London World Conference on Environmental History.
Jump up ^ Elworthy, Sue; Holder, Jane (1 June 1997). Environmental Protection. Cambridge University Press. p. 67. ISBN 978-0-406-03770-1. Archived from the original on 8 August 2016. Retrieved 8 August 2016.
Jump up ^ Christie GC. (1996). The Uneasy Place of Principle in Tort Law. Duke Law Review.
Jump up ^ Barton RJ. (2000). Drowning in a Sea of Contract: Application of The Economic Loss Rule to Fraud and Negligent Misrepresentation Claims. William and Mary Law Review.
^ Jump up to: a b c d Sorenson T, Davidson M, White M. (2012). When Can A Breach of Contract Be a Tort and What Difference Does it Make?. American Bar Association CLE Seminar.
Jump up ^ Saferstein HI. (1990). The Ascendancy of Business Tort Claims in Antitrust Practice. Antitrust Law Journal.
^ Jump up to: a b c d e Ballam DE. (1989). The Expanding Scope of the Tort of Negligent Misrepresentation. Loyola of Los Angeles Law Review.
Jump up ^ Chen-Wishart M. (2007). Contract Law. Oxford University Press.
^ Jump up to: a b c d e f g Lens JW. (2011). Honest Confusion: The Purpose of Compensatory Damages in Tort and Fraudulent Misrepresentation. Kansas Law Review.
^ Jump up to: a b c Little WBL. (2007). "It is Much Easier to Find Fault With Others, Than to be Faultless Ourselves": Contributory Negligence as a Bar to a Claim for Breach of the Implied Warranty of Merchantability. Campbell Law Review.
Jump up ^ Currie, S., & Cameron, D. (2000), "Your Law", Nelson Thomson Learning, Melbourne, p. 225
Jump up ^ Chapman B. (2008). Punitive Damages as Aggravated Damages: The Case of Contract. Canadian Business Law Journal.
Jump up ^ Williams, G. [1951] "The Aims of the Law of Tort", Current Legal Problems 137
Jump up ^ Coase, R. H. (1960). "The Problem of Social Cost". The Journal of Law and Economics. 3: 1–44. doi:10.1086/466560. , reprinted in Coase, R. H. (1990). The Firm, the Market and the Law. Chicago: Chicago University Press. pp. pp95–156. ISBN 0-226-11101-6. , online version
Jump up ^ Atiyah, P. S. (1997) The Damages Lottery
Jump up ^ Schwartz VE. (1997). Who Should Make America's Tort Law: Courts Or Legislatures?. Also see Publication record. Washington Legal Foundation.
Jump up ^ Competing Tort Law Forums: Courts vs. Legislatures. Coben & Associaties.
^ Jump up to: a b c d e f Harpwood V. (2009). Modern Tort Law, 7th Edition. Routledge. Ch. 1 available as sample.
Jump up ^ Sullivan, Timothy J. (1976). "Punitive damages in the law of contract: the reality and the illusion of legal change". Minnesota Law Review. 61: 207.
Jump up ^ Simmons KW. (2007). The Crime/Tort Distinction: Legal Doctrine And Normative Perspectives. Widener Law Review.
Jump up ^ Rufo v. Simpson, 86 Cal. App. 4th 573 (2001).
Jump up ^ See also: Ronen Perry, The Role of Retributive Justice in the Common Law of Torts: A Descriptive Theory, 73 Tenn. L. Rev. 177 (2006).
Bibliography[edit]
Deakin, Johnston and Markesinis (2008). Markesinis & Deakin's Tort Law. Oxford: Oxford University Press. ISBN 978-0-19-928246-3.
Mark Lunney, Ken Oliphant, Tort Law - Texts, Cases (2003) 2nd Ed. Oxford University Press, ISBN 0-19-926055-9
van Gerven, W. et al. (eds) (2001). Cases, Materials and Text on National, Supranational and International Tort Law. Oxford: Hart Publishing. ISBN 1-84113-139-3. CS1 maint: Extra text: authors list (link)
Further reading[edit]
P.S.A. Pillai (2014). Law of Tort. ISBN 978-93-5145-124-2.
Eoin Quill (2014). Torts in Ireland. ISBN 978-0-7171-5970-3.
Charu Sharma (2017). Tort Liability for Environment Claims in India: A Comparative View (1st). ISBN 9788131250693.
External links[edit]
Library resources about
Tort
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Media related to Tort law at Wikimedia Commons
Quotations related to Torts at Wikiquote
The dictionary definition of tort at Wiktionary
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Bardo Thodol
From Wikipedia, the free encyclopedia
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Manuscript of the Bardo Thodol.
Bardo Thodol
Tibetan name
Tibetan
བར་དོ་ཐོས་གྲོལ
showTranscriptions
Wylie
bar do thos grol
THL
Bardo Tödröl
Lhasa IPA
[pʰàrdo tʰǿɖøl]
This article contains Tibetan script. Without proper rendering support, you may see very small fonts, misplaced vowels or missing conjuncts instead of Tibetan characters.
Part of a series on
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The Bardo Thodol (Tibetan: བར་དོ་ཐོས་གྲོལ, Wylie: bar do thos grol, "Liberation Through Hearing During the Intermediate State") is a text from a larger corpus of teachings, the Profound Dharma of Self-Liberation through the Intention of the Peaceful and Wrathful Ones,[1][note 1] revealed by Karma Lingpa (1326–1386). It is the best-known work of Nyingma literature,[3] and is known in the West as the Tibetan Book of the Dead.
The Tibetan text describes, and is intended to guide one through, the experiences that the consciousness has after death, in the bardo, the interval between death and the next rebirth. The text also includes chapters on the signs of death and rituals to undertake when death is closing in or has taken place.
Contents
1 Etymology
2 Original text
2.1 Origins and dating
2.2 bar do thos grol
2.3 kar-gling zhi-khro
2.4 Three bardos
3 English translations
3.1 Evans-Wentz's The Tibetan Book of the Dead
3.2 Other translations and summaries
4 Popular influence
4.1 The Psychedelic Experience
4.2 Musical and cinematic works
5 See also
6 Notes
7 References
8 Sources
8.1 Printed sources
8.2 Web-sources
9 Further reading
10 External links
Etymology[edit]
Bar do thos grol (Tibetan: བར་དོ་ཐོས་གྲོལ, Wylie: bar do thos grol) translates as:
bar do: "intermediate state", "transitional state", "in-between state", "liminal state" (which is synonymous with the Sanskrit antarabhāva). Valdez: "Used loosely, the term "bardo" refers to the state of existence intermediate between two lives on earth."[4] Valdez: "[The] concept arose soon after the Buddha's passing, with a number of earlier Buddhist groups accepting the existence of such an intermediate state, while other schools rejected it."[4]
thos grol: "liberation", which is synonymous with the Sanskrit word bodhi, "awakening", "understanding", "enlightenment", and synonymous with the term nirvana, "blowing out", "extinction", "the extinction of illusion".[5]
Original text[edit]
Origins and dating[edit]
Centuries old Zhi-Khro mandala, a part of the Bardo Thodol's collection, a text known in the West as The Tibetan Book of the Dead, which comprises part of a group of bardo teachings held in the Nyingma (Tibetan tradition) originated with guru Padmasambhava in the 8th Century.
According to Tibetan tradition, the Liberation Through Hearing During the Intermediate State was composed in the 8th century by Padmasambhava, written down by his primary student, Yeshe Tsogyal, buried in the Gampo hills in central Tibet and subsequently discovered by a Tibetan terton, Karma Lingpa, in the 14th century.[6][7][8]
bar do thos grol[edit]
The Tibetan title is bar do thos grol,[9] Liberation Through Hearing During the Intermediate State.[1] It consists of two comparatively long texts:[1]
"Great Liberation through Hearing: The Supplication of the Bardo of Dharmata" (chos nyid bar do'i gsol 'debs thos grol chen mo), the bardo of dharmata (including the bardo of dying);
"Great Liberation through Hearing: The Supplication Pointing Out the Bardo of Existence" (strid pa'i bar do ngo sprod gsol 'debs thos grol chen mo), the bardo of existence.
Within the texts themselves, the two combined are referred to as Liberation through Hearing in the Bardo, Great Liberation through Hearing, or just Liberation through Hearing.[note 2]
kar-gling zhi-khro[edit]
It is part of a larger terma cycle, Profound Dharma of Self-Liberation through the Intention of the Peaceful and Wrathful Ones,[1] (zab-chos zhi khro dgongs pa rang grol, also known as kar-gling zhi-khro,[2] popularly known as "Karma Lingpa's Peaceful and Wrathful Ones."[1]
The Profound Dharma of Self-Liberation is known in several versions, containing varying numbers of sections and subsections, and arranged in different orders, ranging from around ten to thirty-eight titles.[1] The individual texts cover a wide range of subjects, including meditation instructions, visualizations of deities, liturgies and prayers, lists of mantras, descriptions of the signs of death, indications of future rebirth, and texts such as the bar do thos grol that are concerned with the bardo-state.[1]
Three bardos[edit]
Main article: Bardo
The Bardo Thodol differentiates the intermediate state between lives into three bardos:
The chikhai bardo or "bardo of the moment of death", which features the experience of the "clear light of reality", or at least the nearest approximation of which one is spiritually capable;
The chonyid bardo or "bardo of the experiencing of reality", which features the experience of visions of various Buddha forms, or the nearest approximations of which one is capable;
The sidpa bardo or "bardo of rebirth", which features karmically impelled hallucinations which eventually result in rebirth, typically yab-yum imagery of men and women passionately entwined.
The Liberation Through Hearing During the Intermediate State also mentions three other bardos:[note 3]
"Life", or ordinary waking consciousness;
"Dhyana" (meditation);
"Dream", the dream state during normal sleep.
Together these "six bardos" form a classification of states of consciousness into six broad types. Any state of consciousness can form a type of "intermediate state", intermediate between other states of consciousness. Indeed, one can consider any momentary state of consciousness a bardo, since it lies between our past and future existences; it provides us with the opportunity to experience reality, which is always present but obscured by the projections and confusions that are due to our previous unskillful actions.
English translations[edit]
Evans-Wentz's The Tibetan Book of the Dead[edit]
Tibetan Thanka of Bardo. Vision of Serene Deities, 19th Century, Giumet Museum
The bar do thos grol is known in the west as The Tibetan Book of the Dead, a title popularized by Walter Evans-Wentz's edition,[9][10] but as such virtually unknown in Tibet.[11][1] The Tibetan Book of the Dead was first published in 1927 by Oxford University Press. Dr. Walter Y. Evans-Wentz chose this title because of the parallels he found with the Egyptian Book of the Dead.[12]
According to John Myrdhin Reynolds, Evans-Wentz's edition of the Tibetan Book of the Dead introduced a number of misunderstandings about Dzogchen.[13] In fact, Evans-Wentz' collected seven texts about visualization of the after-death experiences and he introduced this work collection as "The Tibetan Book of Death." Evans-Wentz was well acquainted with Theosophy and used this framework to interpret the translation of The Tibetan Book of the Dead, which was largely provided by two Tibetan lamas who spoke English, Lama Sumdhon Paul and Lama Lobzang Mingnur Dorje.[14] Evans-Wentz was not familiar with Tibetan Buddhism,[13] and his view of Tibetan Buddhism was "fundamentally neither Tibetan nor Buddhist, but Theosophical and Vedantist."[15] He introduced a terminology into the translation which was largely derived from Hinduism, as well as from his Theosophical beliefs.[13] Contrary to the general belief spread in the West by Evans-Wentz, in Tibetan Buddhist practice the Tibetan Book of Dead is not read to the people who are passing away, but it is rather used during life by those who want to learn to visualize what will come after death.[16]
C. G. Jung’s psychological commentary first appeared in an English translation by R. F. C. Hull in the third revised and expanded Evans-Wentz edition of The Tibetan Book of the Dead.[17] The commentary also appears in the Collected Works.[18] Jung applied his extensive knowledge of eastern religion to craft a commentary specifically aimed at a western audience unfamiliar with eastern religious tradition in general and Tibetan Buddhism specifically.[19] He does not attempt to directly correlate the content of the Bardo Thodol with rituals or dogma found in occidental religion, but rather highlights karmic phenomena described on the Bardo plane and shows how they parallel unconscious contents (both personal and collective) encountered in the west, particularly in the context of analytical psychology. Jung’s comments should be taken strictly within the realm of psychology, and not that of theology or metaphysics. Indeed, he warns repeatedly of the dangers for western man in the wholesale adoption of eastern religious traditions such as yoga.[20]
Other translations and summaries[edit]
Conze, Edward (1959) Buddhist Scriptures Harmondsworth: Penguin (includes a précis)
Fremantle, Francesca & Chögyam Trungpa (1975) The Tibetan Book of the Dead: The Great Liberation through Hearing in the Bardo by Guru Rinpoche according to Karma Lingpa. Boulder: Shambhala ISBN 0-394-73064-X, ISBN 1-59030-059-9 (reissued 2003)
Thurman, Robert (trans.) (1994) The Tibetan Book of the Dead, as popularly known in the West; known in Tibet as "The Great Book of Natural Liberation Through Understanding in the Between"; composed by Padma Sambhava; discovered by Karma Lingpa; foreword by the Dalai Lama London: Harper Collins ISBN 1-85538-412-4
Coleman, Graham, with Thupten Jinpa (eds.) (2005) The Tibetan Book of the Dead [English title]: The Great Liberation by Hearing in the Intermediate States [Tibetan title]; composed by Padma Sambhava: revealed by Karma Lingpa; translated by Gyurme Dorje. London: Penguin Books ISBN 978-0-14-045529-8 (the first complete translation). Also: New York: Viking Penguin, NY, 2006. ISBN 0-670-85886-2 (hc); ISBN 978-0-14-310494-0 (pbk)
Thupten Jinpa (ed.) (2005) The Tibetan Book of the Dead (Penguin Classics). London: Penguin Books (2005) ISBN 0-7139-9414-2
Popular influence[edit]
The Psychedelic Experience[edit]
See also: Ego death
The Psychedelic Experience, published in 1964, is a guide for LSD-trips, written by Timothy Leary, Ralph Metzner and Richard Alpert, loosely based on Evan-Wentz's translation of the Tibetan Book of the Dead.[21][22] Aldous Huxley introduced the Tibetan Book of the Dead to Timothy Leary.[22] According to Leary, Metzer and Alpert, the Tibetan Book of the Dead is
... a key to the innermost recesses of the human mind, and a guide for initiates, and for those who are seeking the spiritual path of liberation.[23]
They construed the effect of LSD as a "stripping away" of ego-defenses, finding parallels between the stages of death and rebirth in the Tibetan Book of the Dead, and the stages of psychological "death" and "rebirth" which Leary had identified during his research.[24] According to Leary, Metzer and Albert it is....
... one of the oldest and most universal practices for the initiate to go through the experience of death before he can be spiritually reborn. Symbolically he must die to his past, and to his old ego, before he can take his place in the new spiritual life into which he has been initiated.[25]
Musical and cinematic works[edit]
Finnish composer Erik Bergman composed a work titled Bardo Thödol in 1974 for a speaker, mezzo-soprano, baritone, mixed choir and orchestra; the text was based on a German translation of the Book of the Dead[26]
"When I Was Done Dying", by American musician and composer Dan Deacon, is strongly inspired by the Bardo Thodol. The narrator's "story" begins at the very moment of his death, through multiple incarnations (a plant, a crab and, at the end, a human). The song. featured in an [adult swim] Off Air segment.
The late 1960s band The Third Bardo took their name from the western title of this text.
1985 2-part documentary filmed in Ladakh and the States, first part entitled "The Tibetan Book of the Dead: A Way of Life"; the second part "The Tibetan Book of the Dead: The Great Liberation" was a co-production between NHK (Japan), Mistral (France) and FBC (Canada). Narration in the English version is by Leonard Cohen. See links below.
Screenwriter and film producer Bruce Joel Rubin, who once lived in a Tibetan Buddhist monastery, considered his film Jacob's Ladder a modern interpretation of the Bardo Thodol.[27][28]
In 2007, The History Channel released a documentary film, Tibetan Book of the Dead.[web 1][note 4]
Country musician Sturgill Simpson's song "Just Let Go" from his 2014 album Metamodern Sounds in Country Music is about ego death and the transition between living and dying, and being reborn.[clarification needed]
In 1994, the Modern Rock band Live had a second album, Throwing Copper. On which, track 9, a song titled "T.B.D." (4:28) stands for Tibetan Book of the Dead.[web 2]
In 1996, Delerium Records released the Liberation Thru' Hearing CD which contains spoken/chanted readings from the Bardo Thodol set to music.[web 3]
Enter the Void, a 2009 French film written and directed by Gaspar Noé, is loosely based on the Tibetan Book of the Dead.[web 4]
The Beatles song Tomorrow Never Knows contains lyrics inspired by The Tibetan Book of the Dead.[29]
Electronic group Demdike Stare released an album in 2010, Liberation Through Hearing, featuring a track titled "Bardo Thodol".
See also[edit]
Ego death
Six realms
Reality in Buddhism
Bardo
Notes[edit]
Jump up ^ zab-chos zhi khro dgongs pa rang grol, also known as kar-gling zhi-khro[2]
Jump up ^ In Tibetan, bar do thos grol, thos grol chen mo, and thos grol
Jump up ^ See also Trikaya, Kosha and Three Bodies Doctrine (Vedanta)
Jump up ^ "The Tibetan book of the Dead is an important document that has stood the test of time and attempts to provide answers to one of mankind's greatest questions: What happens when we die? Interviews with Tibetan Lamas, American scholars, and practicing Buddhists bring this powerful and mysterious text to life. State-of-the-art computer generated graphics will recreabinte this mysterious and exotic world. Follow the dramatized journey of a soul from death...to re-birth. In Tibet, the "art of dying" is nothing less than the art of living."[web 1]
References[edit]
^ Jump up to: a b c d e f g h Fremantle 2001, p. 20.
^ Jump up to: a b Norbu 1989, p. ix.
Jump up ^ Coleman 2005.
^ Jump up to: a b Valdez 2014, p. 166, note 122.
Jump up ^ Fremantle 2001, p. 21.
Jump up ^ Evans-Wentz 1960, p. liv.
Jump up ^ Fremantle, Fremantle & Trungpa 2003, p. xi.
Jump up ^ Forbes & Henley 2013.
^ Jump up to: a b Norbu 1989, p. xii.
Jump up ^ Reynolds 1989, p. 71-115.
Jump up ^ Lopez 2011, p. 127.
Jump up ^ Evans-Wentz 1960.
^ Jump up to: a b c Reynolds 1989, p. 71.
Jump up ^ Reynolds 1989, p. 72–73, 78.
Jump up ^ Reynolds 1989, p. 78.
Jump up ^ Paul van der Velde
Jump up ^ Evans-Wentz ed. 1965.
Jump up ^ Jung 1977.
Jump up ^ Coward 1985.
Jump up ^ Coward 1985, p. 79-92.
Jump up ^ Merkur 2014, p. 221.
^ Jump up to: a b Gould 2007, p. 218.
Jump up ^ Leary, Metzner & Alpert 1964, p. 11.
Jump up ^ Gould 2007, p. 218-219.
Jump up ^ Leary, Metzner & Albert 1964, p. 12.
Jump up ^ "Information on Bardo Thödol in Finnish".
Jump up ^ Hartl, John (1990-11-01). "Adrian Lyne Met A Metaphysical Challenge". The Seattle Times. Retrieved 2010-02-06.
Jump up ^ Golden, Tim (1990-10-28). "FILM; Up 'Jacob's Ladder' And Into the Hell Of a Veteran's Psyche". The New York Times. Retrieved 2007-10-22.
Jump up ^ https://www.youtube.com/watch?v=yXdbvBzxeb8
Sources[edit]
Printed sources[edit]
Coleman, Graham (2005), "Editor's introduction", in Coleman, Graham, The Tibetan Book of the Dead: First Complete Translation, Penguin Books, ISBN 978-0143104940
Conners, Peter (2013), White Hand Society: The Psychedelic Partnership of Timothy Leary & Allen Ginsberg, City Lights Books
Coward, Howard (1985), Jung and Eastern Thought, Albany: State University of New York Press
Cuevas, Bryan J. The Hidden History of the Tibetan Book of the Dead. New York: Oxford University Press, 2003.
Evans-Wentz, W. Y., ed. (1960) [1927], The Tibetan Book of the Dead (PDF) (1957 1st (ebook translation) ed.), Oxford University Press
Evans-Wentz, W. Y., ed. (1965) [1927], The Tibetan Book of the Dead, London: Oxford University Press
Forbes, Andrew; Henley, David, eds. (2013), The Illustrated Tibetan Book of the Dead, Chiang Mai: Cognoscenti Books
Fremantle, Francesca; Trungpa, Chögyam, eds. (1975), The Tibetan Book of the Dead: The Great Liberation through Hearing in the Bardo by Guru Rinpoche according to Karma Lingpa, Boulder: Shambhala, ISBN 1-59030-059-9
Fremantle, Francesca (2001), Luminous Emptiness: understanding the Tibetan Book of the dead, Boston, MA: Shambhala Publications, ISBN 1-57062-450-X
Gould, Jonathan (2007), Can't Buy Me Love: The Beatles, Britain, and America, Crown Publishing Group
Jung, C. G. (1977) [1958], Psychology and Religion: West and East. The Collected Works of C. G. Jung, Vol. 11, Bollingen Series XX, Princeton: Princeton University Press
Leary, Timothy; Metzner, Ralph; Alpert, Richard (1964), THE PSYCHEDELIC EXPERIENCE. A manual based on THE TIBETAN BOOK OF THE DEAD (PDF)
Lee, Martin A.; Shlain, Bruce (1992), Acid Dreams: The Complete Social History of LSD : the CIA, the Sixties, and Beyond, Grove Press
Lopez, Donald S., Jr. (2011), The Tibetan book of the dead : a biography, Princeton, N.J.: Princeton University Press, ISBN 978-0691134352
Merkur, Daniel (2014), The Formation of Hippie Spirituality: 1. Union with God. In: J. Harold Ellens (ed.), "Seeking the Sacred with Psychoactive Substances: Chemical Paths to Spirituality and to God", ABC-CLIO
Miles, barry (1998), Many Years From Now, Vintage
Norbu, Namkhai (1989), "Foreword", in Reynolds, John Myrdin, Self-liberation through seeing with naked awareness, Station Hill Press, Inc.
Reynolds, John Myrdin (1989), "Appendix I: The views on Dzogchen of W.Y. Evans-Wentz and C.G. Jung", in Reynolds, John Myrdin, Self-liberation through seeing with naked awareness, Station Hill Press, Inc.
Valdez, Juan (2014), The Snow Cone Diaries: A Philosopher's Guide to the Information Age, AuthorHouse
Web-sources[edit]
^ Jump up to: a b The History Channel: Tibetan Book of the Dead Archived October 17, 2007, at the Wayback Machine.
Jump up ^ friendsoflive.com
Jump up ^ http://www.delerium.co.uk/bands/liberation/index.html
Jump up ^ Stephenson, Hunter (2010-09-14). "Gaspar Noé's Big Trip". Interview. Archived from the original on 16 September 2010. Retrieved 2010-09-15.
Further reading[edit]
Chökyi Nyima Rinpoche (1991) The Bardo Guidebook Rangjung Yeshe Publications.
Cuevas, Bryan J. (2003) The Hidden History of the Tibetan Book of the Dead. New York: Oxford University Press.
Fremantle, Francesca (2001). Luminous Emptiness: understanding the Tibetan Book of the dead. Boston, MA: Shambhala Publications ISBN 1-57062-450-X
Griffin, Mark (2008) The Bardo Thodol – A Golden Opportunity. Los Angeles: HardLight Publishing. ISBN 978-0975902028
Lati Rinpochay & Hopkins, Jeffrey (1985) Death, Intermediate State and Rebirth, Ithaca: Snow Lion
Venerable Lama Lodo (1987) Bardo Teachings: The Way of Death and Rebirth Ithaca, NY: Snow Lion Publications ISBN 0937938602
Mullin, Glenn H. (1986) Death and Dying: the Tibetan Tradition Penguin-Arkana ISBN 0-14-019013-9
Sögyal Rinpoche, with Gaffney, Patrick & Harvey, Andrew (eds.) (1992) The Tibetan Book of Living and Dying. San Francisco: Harper ISBN 0-06-250793-1
External links[edit]
History article
Bardo Thodol – The Tibetan Book of the Dead – Public Domain PDF ebook
The Tibetan Book of the Dead: A Way of Life – First part of a documentary filmed in Ladakh by NHK, Mistral and CFB
The Tibetan Book of the Dead: The Great Liberation – Second part of a documentary filmed in Ladakh by NHK, Mistral and CFB
"The Life, Death and Rebirth of The Tibetan Book of the Dead", Donald S. Lopez Jr., Berfrois, 13 April 2011
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