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Saline (medicine)
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Saline
Saline solution for intravenous infusion. The white port at the base of the bag is where additives can be injected. The port with the blue cover is where the bag is spiked with an infusion set.
Clinical data
AHFS/Drugs.com
FDA Professional Drug Information
Routes of
administration
intravenous, topical, subcutaneous
ATC code
B05XA03 (WHO)
Identifiers
CAS Number
7647-14-5
PubChem CID
5234
DrugBank
DB09153
ChemSpider
5044
UNII
451W47IQ8X
KEGG
C13563
ChEBI
CHEBI:26710
ChEMBL
CHEMBL1200574
Chemical and physical data
3D model (JSmol)
Interactive image
SMILES[show]
[Na+].[Cl-]
InChI[show]
InChI=1S/ClH.Na/h1H;/q;+1/p-1
Key:FAPWRFPIFSIZLT-UHFFFAOYSA-M
Saline, also known as saline solution, is a mixture of sodium chloride in water and has a number of uses in medicine.[1] Applied to the affected area it is used to clean wounds, help remove contact lenses, and help with dry eyes.[2] By injection into a vein it is used to treat dehydration such as from gastroenteritis and diabetic ketoacidosis.[2] It is also used to dilute other medications to be given by injection.[1]
Large amounts may result in fluid overload, swelling, acidosis, and high blood sodium.[2][1] In those with long standing low blood sodium excessive use may result in osmotic demyelination syndrome.[2] Saline is in the crystalloid family of medications.[3] It is most commonly used as a sterile 9 g of salt per litre (0.9%) solution, known as normal saline.[1] Higher and lower concentrations may also occasionally be used.[4][5]
The medical use of saline began around 1831.[6] It is on the World Health Organization's List of Essential Medicines, the most effective and safe medicines needed in a health system.[7] The wholesale cost in the developing world is about 0.60 to 4.20 USD per liter of normal saline.[8]
Contents
[hide]
1 Concentrations
1.1 Normal
1.2 Usage
1.2.1 Eyes
1.3 Hypertonic saline
1.3.1 Mechanism of action
1.4 Other
2 Solutions with added ingredients
3 History
4 See also
5 References
Concentrations[edit]
Saline solution for irrigation. This solution is used for irrigating wounds, tissues, body cavities, and bladders. Saline solution for irrigation should not be administered intravenously.
Concentrations vary from low to normal to high. High concentrations are used rarely in medicine but frequently in molecular biology.
Normal[edit]
Normal saline (NSS, NS or N/S) is the commonly used phrase for a solution of 0.90% w/v of NaCl, 308 mOsm/L or 9.0 g per litre. Less commonly, this solution is referred to as physiological saline or isotonic saline (because it closely approximates isotonic, that is, physiologically normal, solution); although neither of those names is technically accurate (because normal saline is not exactly like blood serum), they convey the practical effect usually seen: good fluid balance with minimal hypotonicity or hypertonicity. NS is used frequently in intravenous drips (IVs) for patients who cannot take fluids orally and have developed or are in danger of developing dehydration or hypovolemia. NS is also used for aseptic purpose. NS is typically the first fluid used when hypovolemia is severe enough to threaten the adequacy of blood circulation, and has long been believed to be the safest fluid to give quickly in large volumes. However, it is now known that rapid infusion of NS can cause metabolic acidosis.[9]
The solution is 9 grams of sodium chloride (NaCl) dissolved in water, to a total volume of 1000 ml (weight per unit volume(w/v)). The mass of 1 millilitre of normal saline is 1.0046 gram at 22 °C.[10][11] The molecular weight of sodium chloride is approximately 58.5 grams per mole, so 58.5 grams of sodium chloride equals 1 mole. Since normal saline contains 9 grams of NaCl, the concentration is 9 grams per litre divided by 58.5 grams per mole, or 0.154 mole per litre. Since NaCl dissociates into two ions – sodium and chloride – 1 molar NaCl is 2 osmolar. Thus, NS contains 154 mEq/L of Na+ and Cl−. It has a slightly higher degree of osmolarity (i.e. more solute per litre) than blood (However, if you take into account the osmotic coefficient, a correction for non-ideal solutions, then the saline solution is much closer to isotonic. Osmotic coefficient of NaCl is about 0.93; therefore 0.154 × 1000 × 2 × .93 = 286.44) Nonetheless, the osmolarity of normal saline is a close approximation to the osmolarity of NaCl in blood.
One litre of 0.9% Saline contains:
154 mEq of sodium ion = 154 mmol
154 mEq of chloride ion = 154 mmol
Usage[edit]
For medical purposes, saline is often used to flush wounds and skin abrasions. Normal saline will not burn or sting when applied.
Saline is also used in I.V. therapy, intravenously supplying extra water to rehydrate patients or supplying the daily water and salt needs ("maintenance" needs) of a patient who is unable to take them by mouth. Because infusing a solution of low osmolality can cause problems such as hemolysis, intravenous solutions with reduced saline concentrations typically have dextrose (glucose) added to maintain a safe osmolality while providing less sodium chloride. As the molecular weight (MW) of dextrose is greater, this has the same osmolality as normal saline despite having less sodium.
The amount of normal saline infused depends largely on the needs of the patient (e.g. ongoing diarrhea or heart failure).
Saline is also often used for nasal washes to relieve some of the symptoms of the common cold.[12] The solution exerts a softening and loosening influence on the mucus to make it easier to wash out and clear the nasal passages for both babies[13] and adults.[14][15] In this case "home-made" saline may be used: this is made by dissolving approximately half a teaspoon of table salt into 240ml (approx. 8 ounces) of clean tap water.[16] In very rare instances, amoeba Naegleria fowleri infection can occur if amoeba enters the body through the nose, therefore water used for nasal irrigation should be sterile.[17]
Eyes[edit]
Eye drops are saline-containing drops used on the eye. Depending on the condition being treated, they may contain steroids, antihistamines, sympathomimetics, beta receptor blockers, parasympathomimetics, parasympatholytics, prostaglandins, non-steroidal anti-inflammatory drugs (NSAIDs) or topical anesthetics. Eye drops sometimes do not have medications in them and are only lubricating and tear-replacing solutions.
Syringe designed saline drops (e.g. Wallace Cameron Ultra Saline Minipod) are distributed in modern needle-exchange programmes as drugs efficiently can be administrated either by injection, or ophthalmic, which is compared to intravenous use; By demonstration, the elimination of latanoprost acid from plasma is rapid (half-life 17 minutes) after either ophthalmic or intravenous administration.[18] However, ophthalmic use is done with sterile filtered drugs that is potent in quite small doses, and with adjusted acidity of pH 7.0-7.5 after the drug has been added, to avoid eye damage. The human eye has a pH of approximately 7.5, water has 7.0.[19]
Hypertonic saline[edit]
Hypertonic saline — 7% NaCl solutions are considered mucoactive agents and thus are used to hydrate thick secretions (mucus) in order to make it easier to cough up and out (expectorate). 3% hypertonic saline solutions are also used in critical care settings, acutely increased intracranial pressure, or severe hyponatremia.[20] Inhalation of hypertonic saline has also been shown to help in other respiratory problems, specifically bronchiolitis.[21] Hypertonic saline is currently recommended by the Cystic Fibrosis Foundation as a primary part of a cystic fibrosis treatment regimen.[22]
An 11% solution of xylitol with 0.65% saline stimulates the washing of the nasopharynx and has an effect on the nasal pathogenic bacteria. This has been used in complementary and alternative medicine.[23]
Mechanism of action[edit]
Aerosol — Nebulized hypertonic saline treatments disrupt the interaction between glycosaminoglycans and IL-8, rendering IL-8 susceptible to proteolytic degradation with subsequent decrease in neutrophil chemotaxis; all of this ultimately reducing inflammation.[20]
Other[edit]
Other concentrations commonly used include:
Half-normal saline (0.45% NaCl), often with "D5" (5% dextrose), contains 77 mEq/L of Na and Cl and 50 g/L dextrose.
Quarter-normal saline (0.22% NaCl) has 39 mEq/L of Na and Cl and almost always contains 5% dextrose for osmolality reasons. It can be used alone in Neonatal Intensive Care Units.
Hypertonic saline may be used in perioperative fluid management protocols to reduce excessive intravenous fluid infusions and lessen pulmonary complications.[24] Hypertonic saline is used in treating hyponatremia and cerebral edema Rapid correction of hyponatremia via hypertonic saline, or via any saline infusion > 40 mmol/L (Na+ having a valence of 1, 40 mmol/L = 40 mEq/L) greatly increases risk of central pontine myelinolysis (CPM), and so requires constant monitoring of patient response. Water privation combined with diuretic block does not produce as much risk of CPM as saline administration does; however, it does not correct hyponatremia as rapidly as administration of hypertonic saline does. Due to hypertonicity, administration may result in phlebitis and tissue necrosis. As such, concentrations greater than 3% NaCl should normally be administered via a central venous catheter, also known as a 'central line'. Such hypertonic saline is normally available in two strengths, the former of which is more commonly administered:
3% NaCl has 513 mEq/L of Na and Cl.
5% NaCl has 856 mEq/L of Na and Cl.
NaCl solutions that are less commonly used are 7% (1200 mEq/L) and 23.4% (approx 4000 mEq/L), both of which are used (also via central line), often in conjunction with supplementary diuretics, in the treatment of traumatic brain injury.[25]
Dextrose (glucose) 4% in 0.18% saline is used sometimes for maintenance replacement.
Solutions with added ingredients[edit]
In medicine, common types of salines include:
Lactated Ringer's solution
Acetated Ringer's solution
Intravenous sugar solutions
5% dextrose in normal saline (D5NS)
10% dextrose in normal saline (D10NS)
5% dextrose in half-normal saline (D5HNS)
10% dextrose in half-normal saline (D10HNS)
And in cell biology, in addition to the above the following are used:
Phosphate buffered saline (PBS) (recipes from Dulbecco = D-PBS, Galfre, Kuchler, Ausubel etc.)
TRIS-buffered saline (TBS) (recipes from Goldsmith, Ausubel etc.)
Hank's balanced salt solution (HBSS)
Earle's balanced salt solution (EBSS)
Standard saline citrate (SSC)
HEPES-buffered saline (HBS) (recipes from Dittmar, Liu, Ausubel etc.)
Gey's balanced salt solution (GBSS)
History[edit]
Saline was believed to have originated during the Indian Blue Cholera pandemic that swept across Europe in 1831. William Brooke O'Shaughnessy, a recent graduate of Edinburgh Medical School, proposed in an article to medical journal The Lancet to inject cholera patients with highly oxygenated salts to treat the "universal stagnation of the venous system and rapid cessation of arterialisation of the blood" seen in severely dehydrated cholera patients.[26] He found his treatment harmless in dogs, and his proposal was soon adopted by the physician Thomas Latta in treating cholera patients to beneficial effect. In the following decades, variations and alternatives to Latta's solution were tested and used in treating cholera patients. These solutions contained a range of concentrations of sodium, chloride, potassium, carbonate, phosphate, and hydroxide. The breakthrough in achieving physiological concentrations was accomplished by Sydney Ringer in the early 1880s,[27] when he determined the optimal salt concentrations to maintain the contractility of frog heart muscle tissue. Normal saline is considered a descendant of the pre-Ringer solutions, as Ringer's findings were not adopted and widely used until decades later. The term "normal saline" itself appears to have little historical basis, except for studies done in 1882-83 by Dutch physiologist Hartog Jacob Hamburger; these in vitro studies of red cell lysis suggested incorrectly that 0.9% was the concentration of salt in human blood (rather than 0.6%, the true concentration).[28]
See also[edit]
Intravenous therapy
Saline water
Salinometer
References[edit]
^ Jump up to: a b c d "Sodium Chloride Injection - FDA prescribing information, side effects and uses". www.drugs.com. Archived from the original on 18 January 2017. Retrieved 14 January 2017.
^ Jump up to: a b c d British national formulary : BNF 69 (69 ed.). British Medical Association. 2015. p. 683, 770. ISBN 9780857111562.
Jump up ^ Marini, John J.; Wheeler, Arthur P. (2010). Critical Care Medicine: The Essentials. Lippincott Williams & Wilkins. p. 54. ISBN 9780781798396. Archived from the original on 2017-09-18.
Jump up ^ "Hypertonic Saline - FDA prescribing information, side effects and uses". www.drugs.com. Archived from the original on 18 January 2017. Retrieved 14 January 2017.
Jump up ^ Pestana, Carlos (2000). Fluids and Electrolytes in the Surgical Patient. Lippincott Williams & Wilkins. p. 11. ISBN 9780781724258. Archived from the original on 2017-09-18.
Jump up ^ Bozzetti, Federico; Staun, Michael; Gossum, Andre van (2014). Home Parenteral Nutrition, 2nd Edition. CABI. p. 4. ISBN 9781780643113. Archived from the original on 2017-09-18.
Jump up ^ "WHO Model List of Essential Medicines (19th List)" (PDF). World Health Organization. April 2015. Archived (PDF) from the original on 13 December 2016. Retrieved 8 December 2016.
Jump up ^ "Sodium Chloride in Water". International Drug Price Indicator Guide. Retrieved 8 December 2016.
Jump up ^ Prough, DS; Bidani, A (1999). "Hyperchloremic metabolic acidosis is a predictable consequence of intraoperative infusion of 0.9% saline". Anesthesiology. 90 (5): 1247–1249. PMID 10319767. doi:10.1097/00000542-199905000-00003.
Jump up ^ Fluid Density Calculator Archived 2009-09-16 at the Wayback Machine.. Earthwardconsulting.com. Retrieved on 2011-02-27.
Jump up ^ Water Density Calculator Archived 2010-01-22 at the Wayback Machine.. Csgnetwork.com. Retrieved on 2011-02-27.
Jump up ^ Cure a cold: Saline Nasal drops Archived 2013-01-16 at the Wayback Machine.
Jump up ^ Blocked Nose in Babies ('Snuffles') at Patient UK
Jump up ^ What does saline nasal spray do?
Jump up ^ Tixylix saline nasal drops: How does it work Archived 2012-11-01 at the Wayback Machine.
Jump up ^ Homemade Saline Nose Drops Archived 2012-11-27 at the Wayback Machine. at Food.com
Jump up ^ "CDC - Naegleria - Frequently Asked Questions (FAQs)". Archived from the original on 2012-03-20. Retrieved April 2012. Check date values in: |access-date= (help)
Jump up ^ "Latanoprost Drug Information, Professional". Drugs.com. Archived from the original on 2013-03-29. Retrieved 2012-05-14.
Jump up ^ "pH Value Eye Drops". Clear-lenses.com. 2004-08-22. Archived from the original on 2012-05-16. Retrieved 2012-05-14.
^ Jump up to: a b Reeves EP et al (2011). "Nebulized hypertonic saline decreases IL-8 in sputum of patients with cystic fibrosis." Am J Respir Crit Care Med. 2011 Jun 1;183(11):1517-23. doi: 10.1164/rccm.201101-0072OC. PMID 21330456 Archived 2016-03-29 at the Wayback Machine.
Jump up ^ Principi T, Komar L (2011). "A critical review of "a randomized trial of nebulized 3% hypertonic saline with epinephrine in the treatment of acute bronchiolitis in the emergency department."". J Popul Ther Clin Pharmacol. 18 (2): e273–4. PMID 21633141.
Jump up ^ O'Connell OJ, O'Farrell C, Harrison MJ, Eustace JA, Henry MT, Plant BJ (2011). "Nebulized hypertonic saline via positive expiratory pressure versus via jet nebulizer in patients with severe cystic fibrosis". Respir Care. 56 (6): 771–5. PMID 21333079. doi:10.4187/respcare.00866.
Jump up ^ Jones, Alonzo. "Intranasal Xylitol, Recurrent Otitis Media, and Asthma: Report of Three Cases*". Nasal xylitol, from Clinical Practice of Alternative Medicine. Alonzo H. Jones, DO. Archived from the original on 8 May 2014. Retrieved 7 May 2014.
Jump up ^ Vivian McAlister, Karen E. A. Burns, Tammy Znajda, and Brian Church. "Hypertonic Saline for Peri-operative Fluid Management" Cochrane Database of Systematic Reviews.1 (2010): CD005576 Available at: "Archived copy". Archived from the original on 2011-07-06. Retrieved 2011-02-06.
Jump up ^ Access Archived 2010-11-19 at the Wayback Machine.. Medscape. Retrieved on 2011-02-27.
Jump up ^ O'Shaugnessy, WB (1831). "Proposal for a new method of treating the blue epidemic cholera by the injection of highly-oxygenated salts into the venous system". Lancet. 17 (432): 366–71. doi:10.1016/S0140-6736(02)94163-2.
Jump up ^ Kenneth M Sutin; Marino, Paul L. (2007). "The ICU book" Archived 2017-09-18 at the Wayback Machine.. Hagerstwon, MD: Lippincott Williams & Wilkins. ISBN 0-7817-4802-X.
Jump up ^ Awad, Sherif; Allison Simon P; Lobo Dileep N (2008). "The history of 0.9% saline". Clinical nutrition (Edinburgh, Scotland). 27 (2): 179–88. PMID 18313809. doi:10.1016/j.clnu.2008.01.008.
[hide]
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In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury.[1] The rules for damages can and frequently do vary based on the type of claim which is presented (e.g., breach of contract versus a tort claim) and the jurisdiction.
At common law, damages are categorized into compensatory (or actual) damages,[2] and punitive damages.[3] Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are noneconomic damages such as pain and suffering and emotional distress.[4]
Contents
[hide]
1 History
2 Proof of damages
2.1 Proximate cause
2.2 Expert testimony
3 Compensatory damages
3.1 Quantum (measure) of damages
3.2 Special damages
3.2.1 Incidental and consequential losses
3.2.2 Breach of contract duty - (ex contractu)
3.2.3 Breach of tort duty - (ex delicto)
3.3 General damages
3.4 Speculative damages
4 Statutory damages
5 Nominal damages
5.1 Contemptuous damages
6 Punitive damages (non-compensatory)
6.1 Aggravated damages
7 Restitutionary or disgorgement damages
8 Legal costs
9 Damages in personal injury cases
9.1 The age of the client
9.2 The nature and extent of the injuries sustained
9.3 Personal attributes and fortitude of the client
10 See also
11 Notes
12 Further reading
13 External links
History[edit]
Among the Saxons, a price called Weregild was placed on every human being and every piece of property in the Salic Code. If property was stolen, or someone was injured or killed, the guilty person would have to pay weregild as restitution to the victim's family or to the owner of the property
Proof of damages[edit]
Judicial remedies
Legal remedies (Damages)
Compensatory damages
Punitive damages
Incidental damages
Consequential damages
Liquidated damages
Reliance damages
Nominal damages
Statutory damages
Treble damages
Equitable remedies
Specific performance
Account of profits
Constructive trust
Injunction
Restitution
Rescission
Rectification
Declaratory relief
Related issues
Adequate remedy
Election of remedies
Provisional remedy
Tracing
Legal costs
v
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e
Proximate cause[edit]
Main article: Proximate cause
Recovery of damages is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both.[5] Damages are likely to be limited to those reasonably foreseeable by the defendant. If a defendant could not reasonably have foreseen that someone might be hurt by their actions, there may be no liability.
This rule does not usually apply to intentional torts (for example, tort of deceit), and also has stunted applicability to the quantum in negligence where the maxim Intended consequences are never too remote applies – 'never' is inaccurate here but resorts to unforeseeable direct and natural consequences of an act.
Expert testimony[edit]
It may be useful for the lawyers for the plaintiff and/or the defendant to employ forensic accountants or someone trained in the relevant field of economics to give evidence on the value of the loss.[4] In this case, they may be called upon to give opinion evidence as an expert witness.
Compensatory damages[edit]
Compensatory damages are paid to compensate the claimant for loss, injury, or harm suffered as a result of (see requirement of causation) another's breach of duty. (e.g., in a negligence claim under tort law). Expectation damages are used in contract law.[6]
Quantum (measure) of damages[edit]
Liability for payment of an award of damages is established when the claimant proves, on the balance of probabilities, that a defendant's wrongful act caused a tangible, harm, loss or injury to the plaintiff. Once that threshold is met, the plaintiff is entitled to some amount of recovery for that loss or injury. No recovery is not an option. The court must then assess the amount of compensation attributable to the harmful acts of the defendant.[7]
Special damages[edit]
Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff.[citation needed] For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, additional domestic costs, and so on.[8] They are seen in both personal and commercial actions.
Special damages can include direct losses (such as amounts the claimant had to spend to try to mitigate damages)[9] and consequential or economic losses resulting from lost profits in a business. Special damages basically include compensatory damages for the injury or harm to the plaintiff that result from the tort committed by the defendant.
Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place.[10] Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages. In cases where it is possible to frame a claim in either contract or tort, it is necessary to be aware of what gives the best outcome.
If the transaction was a "good bargain," contract generally gives a better result for the claimant.
As an example, Neal agrees to sell Mary an antique Rolex for £100. In fact the watch is a fake and worth only £50. If it had been a genuine antique Rolex, it would have been worth £500. Neal is in breach of contract and could be sued. In contract, Mary is entitled to an item worth £500, but she has only one worth £50. Her damages are £450. Neal also induced Mary to enter into the contract through a misrepresentation (a tort). If Mary sues in tort, she is entitled to damages that put herself back to the same financial position place she would have been in had the misrepresentation not been made. She would clearly not have entered into the contract knowing the watch was fake, and is entitled to her £100 back. Thus her damages in tort are £100. (However, she would have to return the watch, or else her damages would be £50.)
If the transaction were a "bad bargain", tort gives a better result for the claimant. If in the above example Mary had overpaid, paying £750 for the watch, her damages in contract would still be £450 (giving him the item he contracted to buy), however in tort damages are £700. This is because damages in tort put her in the position she would have been in had the tort not taken place, and are calculated as her money back (£750) less the value of what she actually got (£50).
Incidental and consequential losses[edit]
Special damages are sometimes divided into incidental damages, and consequential damages.
Incidental losses include the costs needed to remedy problems and put things right. The largest element is likely to be the reinstatement of property damage. Take for example a factory which was burnt down by the negligence of a contractor. The claimant would be entitled to the direct costs required to rebuild the factory and replace the damaged machinery.
The claimant may also be entitled to any consequential losses. These may include the lost profits that the claimant could have been expected to make in the period whilst the factory was closed and rebuilt.
Breach of contract duty - (ex contractu)[edit]
On a breach of contract by a defendant, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises (known as an "expectation measure" or "benefit-of-the-bargain" measure of damages). This rule, however, has attracted increasing scrutiny from Australian courts and legal commentators.[11][12]
When it is either not possible or not desirable to award the victim in that way, a court may award money damages designed to restore the injured party to the economic position s/he occupied at the time the contract was entered (known as the "reliance measure"),[13][14] or designed to prevent the breaching party from being unjustly enriched ("restitution") (see below).
Parties may contract for liquidated damages to be paid upon a breach of the contract by one of the parties. Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages).[15] The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss. Courts have ruled as excessive and invalidated damages which the parties contracted as liquidated, but which the court nonetheless found to be penal. To determine whether a clause is a liquidated damages clause or a penalty clause, it is necessary to consider:
i) Whether the clause is 'extravagant, out of all proportion, exorbitant or unconscionable'[16]
ii) Whether there is a single sum stipulated for a number of different breaches, or individual sums for each breach[17]
iii) Whether a genuine pre-estimate of damage is ascertainable[17]
Breach of tort duty - (ex delicto)[edit]
Damages in tort are generally awarded to place the claimant in the position that would have been taken had the tort not taken place. Damages in tort are quantified under two headings: general damages and special damages.
In personal injury claims, damages for compensation are quantified by reference to the severity of the injuries sustained (see below general damages for more details). In non-personal injury claims, for instance, a claim for professional negligence against solicitors, the measure of damages will be assessed by the loss suffered by the client due to the negligent act or omission by the solicitor giving rise to the loss. The loss must be reasonably foreseeable and not too remote. Financial losses are usually simple to quantify but in complex cases which involve loss of pension entitlements and future loss projections, the instructing solicitor will usually employ a specialist expert actuary or accountant to assist with the quantification of the loss.
General damages[edit]
General damages compensate the claimant for the non-monetary aspects of the specific harm suffered. This is usually termed 'pain, suffering and loss of amenity'. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, hedonic damages or loss of enjoyment of life, etc.[18] This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges in the United Kingdom base the award on damages awarded in similar previous cases.
General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. Examples would be personal injury (following the tort of negligence by the defendant), or the tort of defamation.
Speculative damages[edit]
Speculative damages are damages that have not yet occurred, but the plaintiff expects them to. Typically, these damages cannot be recovered unless the plaintiff can prove that they are reasonably likely to occur.[19]
Statutory damages[edit]
Statutory damages are an amount stipulated within the statute rather than calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine the value of the harm to the victim. Mere violation of the law can entitle the victim to a statutory award, even if no actual injury occurred. These are similar to, but different from, nominal damages (see below), in which no written sum is specified.
Nominal damages[edit]
Nominal damages are very small damages awarded to show that the loss or harm suffered was technical rather than actual. Perhaps the most famous nominal damages award in modern times has been the $1 verdict against the National Football League (NFL) in the 1986 antitrust suit prosecuted by the United States Football League. Although the verdict was automatically trebled pursuant to antitrust law in the United States, the resulting $3 judgment was regarded as a victory for the NFL. Historically, one of the best known nominal damage awards was the farthing that the jury awarded to James Whistler in his libel suit against John Ruskin. In the English jurisdiction, nominal damages are generally fixed at £2.[citation needed]
Many times a party that has been wronged but is not able to prove significant damages will sue for nominal damages. This is particularly common in cases involving alleged violations of constitutional rights, such as freedom of speech.
Contemptuous damages[edit]
Contemptuous damages are a form of damage award available in some jurisdictions. They are similar to nominal damages awards, as they are given when the plaintiff's suit is trivial, used only to settle a point of honour or law.[20] Awards are usually of the smallest amount, usually 1 cent or similar. The key distinction is that in jurisdictions that follow the loser-pays for attorney fees, the claimaint in a contemptuous damages case may be required to pay his or her own attorney fees.[21]
Traditionally, the court awarded the smallest coin in the Realm, which in England was one farthing, 1/960 of a pound before decimalisation in the 1970s. Court costs are not awarded.[22]
Punitive damages (non-compensatory)[edit]
Main article: Punitive damages
Generally, punitive damages, which are also termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages are awarded only in special cases where conduct was egregiously insidious and are over and above the amount of compensatory damages, such as in the event of malice or intent. Great judicial restraint is expected to be exercised in their application. In the United States punitive damages awards are subject to the limitations imposed by the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution.
In England and Wales, exemplary damages are limited to the circumstances set out by Lord Devlin in the leading case of Rookes v. Barnard. They are:
Oppressive, arbitrary or unconstitutional actions by the servants of government.
Where the defendant's conduct was 'calculated' to make a profit for himself.
Where a statute expressly authorises the same.
Rookes v Barnard has been much criticised and has not been followed in Canada or Australia or by the Privy Council.
Punitive damages awarded in a US case would be difficult to get recognition for in a European court, where punitive damages are most likely to be considered to violate ordre public.[23]
Aggravated damages[edit]
Some jurisdictions recognize a form of damages, called, aggravated damages, that are similar to punitive or exemplary damages. Aggravated damages are not often awarded; they apply where the injury has been aggravated by the wrongdoer's behaviour, for example, their cruelty.[24]
Restitutionary or disgorgement damages[edit]
In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution. Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss.[25] The plaintiff thereby gains damages which are not measured by reference to any loss sustained. In some areas of the law this heading of damages is uncontroversial; most particularly intellectual property rights and breach of fiduciary relationship.
In England and Wales the House of Lords case of Attorney-General v. Blake opened up the possibility of restitutionary damages for breach of contract. In this case the profits made by a defecting spy, George Blake, for the publication of his book, were awarded to the British Government for breach of contract. The case has been followed in English courts, but the situations in which restitutionary damages will be available remain unclear.
The basis for restitutionary damages is much debated, but is usually seen as based on denying a wrongdoer any profit from his wrongdoing. The really difficult question, and one which is currently unanswered, relates to what wrongs should allow this remedy.
Legal costs[edit]
See also: American rule (attorney's fees) and English rule (attorney's fees)
In addition to damages, the successful party is entitled to be awarded their reasonable legal costs that they spent during the case. This is the rule in most countries other than the United States. In the United States, a party generally is not entitled to its attorneys' fees or for hardships undergone during trial unless the parties agreed in a contract that attorney's fees should be covered or a specific statute or law permits recovery of legal fees, such as discrimination.[26]
Damages in personal injury cases[edit]
The examples and perspective in this section may not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (June 2016) (Learn how and when to remove this template message)
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (October 2010) (Learn how and when to remove this template message)
The quantification of personal injury is not an exact science. In English law solicitors like to call personal injury claims as "general damages" for pain and suffering and loss of amenity (PSLA). Solicitors quantify personal injury claims by reference to previous awards made by the courts which are "similar" to the case in hand. The guidance solicitors will take into account to help quantify general damages are as hereunder:
The age of the client[edit]
The age of the client is important especially when dealing with fatal accident claims or permanent injuries. The younger the injured victim with a permanent injury the longer that person has to live with the PSLA. As a consequence, the greater the compensation payment. In fatal accident claims, generally the younger deceased, the greater the dependency claim by the partner and children.
The nature and extent of the injuries sustained[edit]
Solicitors will consider "like for like" injuries with the case in hand and similar cases decided by the courts previously. These cases are known as precedents. Generally speaking decisions from the higher courts will bind the lower courts. Therefore, judgments from the House of Lords and the Court of Appeal have greater authority than the lower courts such as the High Court and the County Court. A compensation award can only be right or wrong with reference to that specific judgment. Solicitors must be careful when looking at older cases when quantifying a claim to ensure that the award is brought up to date and to take into account the court of appeal case in Heil v Rankin[27] Generally speaking the greater the injury the greater the damages awarded.
Personal attributes and fortitude of the client[edit]
This heading is inextricably linked with the other points above. Where two clients are of the same age, experience and suffer the same injury, it does not necessarily mean that they will be affected the same. We are all different. Some people will recover more quickly than others. The courts will assess each claim on its own particular facts and therefore if one claimant recovers more quickly than another, the damages will be reflected accordingly. It is important to note here that "psychological injuries" may also follow from an accident which may increase the quantum of damages.
When a personal injury claim is settled either in court or out of court, the most common way the compensation payment is made is by a lump sum award in full and final settlement of the claim. Once accepted there can be no further award for compensation at a later time unless the claim is settled by provisional damages often found in industrial injury claims such as asbestos related injuries.
See also[edit]
Arbitration award
Bad faith
Fine (penalty)
Measure of Damages (under English law)
Non-economic damages caps
Restorative justice
Subrogation
Restitution
Political correctness
Reparations (transitional justice)
Legal remedy
Restitution
Reparation (legal)
Reparations
War reparations
Reparations for slavery
Notes[edit]
Jump up ^ International principle: Trans-Lex.org, Garner, p.416
Jump up ^ "Actual Damages". Wex. Cornell Law School. Retrieved 19 September 2017.
Jump up ^ "Punitive Damages". Wex. Cornell Law School. Retrieved 19 September 2017.
^ Jump up to: a b Larson, Aaron (25 July 2016). "How Are Damages Calculated After an Injury or Lawsuit". ExpertLaw. Retrieved 19 September 2017.
Jump up ^ Brinig, Brian P., JD, CPA (2011). Finance & Accounting for Lawyers. Portland, OR: BV Resources, LLC. p. 200. ISBN 978-1-935081-71-5.
Jump up ^ Robinson v Harman (1848) 1 Ex Rep 850
Jump up ^ See, e.g., the U.S. Supreme Court cases of "The Conquerer, 166 US 110, 17 S. Ct. 510, 41 L. Ed. 937 (1897)". Google Scholar. Google. Retrieved 19 September 2017. and "Palmer v. Connecticut Railway & Lighting Co., 311 US 544, 61 S. Ct. 379, 85 L. Ed. 336 (1941)". Google Scholar. Google. Retrieved 19 September 2017.
Jump up ^ Morris, Clarence (March 1959). "Liability for Pain and Suffering". Columbia Law Review. 59 (3). Retrieved 19 September 2017.
Jump up ^ "Duty to Mitigate". Wex. Cornell Law School. Retrieved 19 September 2017.
Jump up ^ Goldberg, John C.P. (2005). "Two Conceptions of Tort Damages: Fair v. Full Compensation". DePaul Law Review. 55: 435. Retrieved 19 September 2017.
Jump up ^ see, e.g., Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 and Clark v Macourt [2013] HCA 56
Jump up ^ For relevant commentary, see David Winterton "Clark v Macourt: Defective Sperm and Performance Substitutes in the High Court of Australia" (2014) 38(2) Melbourne University Law Review 755.
Jump up ^ Commonwealth v Amann Aviation (1991) 174 CLR 64 also see WestLaw
Jump up ^ McRae v Commonwealth Disposals Commission [1951] HCA 79
Jump up ^ Amev-Udc Finance Ltd v Austin [1986] HCA 63; (1986) 162 CLR 170 (4 November 1986) [1]
Jump up ^ Australian Competition & Consumer Commission v Esanda Finance Corporation Ltd (ACN 004 346 043) [2003] FCA 1225 (7 November 2003) [2]
^ Jump up to: a b "Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] UKHL 1 (26 April 1915)". BAILII. Retrieved 19 September 2017.
Jump up ^ Beaman, Richard (2010-09-22). "Loss of Amenity". Douglas Wemyss Solicitors. Leicester. Archived from the original on 2010-11-15.
Jump up ^ "Speculative Damages". Wex. Cornell Law School. Retrieved 19 September 2017.
Jump up ^ "Contemptuous damages". Oxford Reference. Oxford University Press. Retrieved 19 September 2017.
Jump up ^ Oliphant, Ken; Lunney, Mark (2008). Tort Law: Text and Materials. Oxford, England: Oxford University Press. p. 865. ISBN 0199211361.
Jump up ^ Spetz, Steven E (1974). "Civil Court Procedure And Remedies For Tort". Can I Sue? An Introduction to Canadian Tort Law. Toronto: Pitman. p. 219. ISBN 0-273-04189-4.
Jump up ^ Koziol, Helmut; Wilcox, Vanessa (2011). 3709109647. Springer Vienna. ISBN 3709109647. Retrieved 19 September 2017.
Jump up ^ Behand, Nadine (2009). How To Run Your Own Court Case. Sydney: Redfern Legal Centre. p. 145. ISBN 978-1-921410-83-3.
Jump up ^ "Restitutionary damages - the unnecessary remedy" [2001] MULR 1; accessed via http://www.austlii.edu.au/au/journals/MULR/2001/1.html on August 16, 2010
Jump up ^ "Remedies for Employment Discrimination". Retrieved July 4, 2010.
Jump up ^ Heil v Rankin & Another [2000] EWCA Civ 84, Court of Appeal
Further reading[edit]
Black, Stephen (2011). "A Capital Gains Anomaly: Commissioner v. Banks and the Proceeds from Lawsuits". St. Mary's Law Journal. 43: 113. SSRN 1858776  .
External links[edit]
Craies, William Feilden (1911). "Damages". Encyclopædia Britannica (11th ed.).
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Common Sense (pamphlet)
From Wikipedia, the free encyclopedia
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"Common Sense" redirects here. For the concept, see Common sense. For other uses, see Common Sense (disambiguation).
Common Sense
Pamphlet's original cover
Author
Thomas Paine
Country
United States
Language
English
Published
January 10, 1776
Pages
49
Common Sense[1] is a pamphlet written by Thomas Paine in 1775–76 advocating independence from Great Britain to people in the Thirteen Colonies. Written in clear and persuasive prose, Paine marshaled moral and political arguments to encourage common people in the Colonies to fight for egalitarian government. It was published anonymously on January 10, 1776, at the beginning of the American Revolution, and became an immediate sensation.
It was sold and distributed widely and read aloud at taverns and meeting places. In proportion to the population of the colonies at that time (2.5 million), it had the largest sale and circulation of any book published in American history.[2] As of 2006, it remains the all-time best selling American title, and is still in print today.[3]
Common Sense made public a persuasive and impassioned case for independence, which before the pamphlet had not yet been given serious intellectual consideration. He connected independence with common dissenting Protestant beliefs as a means to present a distinctly American political identity, structuring Common Sense as if it were a sermon.[4][5] Historian Gordon S. Wood described Common Sense as "the most incendiary and popular pamphlet of the entire revolutionary era".[6]
The text was translated into French by Antoine Gilbert Griffet de Labaume in 1790.
Contents
[hide]
1 Publication history
2 Sections
2.1 I. Of the Origin and Design of Government in General, With Concise Remarks on the English Constitution
2.2 II. Of Monarchy and Hereditary Succession
2.3 III. Thoughts on the Present State of American Affairs
2.4 IV. On the Present Ability of America, With Some Miscellaneous Reflections
3 Impact
4 See also
5 Notes
6 References
6.1 Primary sources
7 External links
Publication history[edit]
Thomas Paine arrived in the American colonies in November 1774, shortly before the Battles of Lexington and Concord. Though the colonies and Great Britain had commenced hostilities against one another, the thought of independence was not initially entertained. Writing of his early experiences in the colonies in 1778, Paine "found the disposition of the people such, that they might have been led by a thread and governed by a reed. Their attachment to Britain was obstinate, and it was, at that time, a kind of treason to speak against it. Their ideas of grievance operated without resentment, and their single object was reconciliation."[7] Paine quickly engrained himself in the Philadelphia newspaper business, and began writing Common Sense in late 1775 under the working title of Plain Truth. Though it began as a series of letters to be published in various Philadelphia papers, it grew too long and unwieldy to publish as letters, leading Paine to select the pamphlet form.[8] Benjamin Rush recommended the publisher Robert Bell, promising Paine that, where other printers might balk at the content of the pamphlet, Bell would not hesitate nor delay its printing. Bell zealously promoted the pamphlet in Philadelphia's papers, and demand grew so high as to require a second printing.[9] Paine, overjoyed with its success, endeavored to collect his share of the profits and donate them to purchase mittens for General Montgomery's troops, then encamped in frigid Quebec.[10] However, when Paine's chosen intermediaries audited Bell's accounts, they found that the pamphlet actually had made zero profits. Incensed, Paine ordered Bell not to proceed on a second edition, as he had planned several appendices to add to Common Sense. Bell ignored this and began advertising a "new edition". While Bell believed this advertisement would convince Paine to retain his services, it had the opposite effect. Paine secured the assistance of the Bradford brothers, publishers of the Pennsylvania Evening Post, and released his new edition, featuring several appendices and additional writings.[11] Bell began working on a second edition. This set off a month-long public debate between Bell and the still-anonymous Paine, conducted within the pages and advertisements of the Pennsylvania Evening Post, with each party charging the other with duplicity and fraud. Both Paine and Bell published several more editions through the end of their public squabble.[citation needed]
The publicity generated by the initial success and compounded by the publishing disagreements no doubt propelled the pamphlet to incredible sales and circulation. Common Sense sold almost 100,000 copies in 1776,[12] and according to Paine, 120,000 copies were sold in the first three months. One biographer estimates that 500,000 copies sold in the first year (in both America and Europe – predominantly France and Britain), and another writes that Paine's pamphlet went through twenty-five published editions in the first year alone.[6][13]
Aside from the printed pamphlet itself, there were many handwritten summaries and whole copies circulated. Paine also granted publishing rights to nearly every imprint which requested them, including several international editions.[14] It was immensely popular in France, where it was published without its diatribes against monarchy.[15] At least one newspaper printed the entire pamphlet; the Connecticut Courant did so in its issue of February 19, 1776.[16] Writing in 1956, Richard Gimbel estimated, in terms of circulation and impact, that an "equivalent sale today, based on the present population of the United States, would be more than six-and-one-half million copies within the short space of three months".[14]
For nearly three months, Paine managed to maintain his anonymity, even during Bell's potent newspaper polemics. His name did not become officially connected with the independence controversy until March 30, 1776.[17] Paine never did recoup the profits he felt due to him from Bell's first edition. Ultimately, he lost money on the Bradford printing as well, and because he decided to repudiate his copyright, never did profit from Common Sense.[citation needed]
Sections[edit]
The first and subsequent editions divided the pamphlet into four sections.
I. Of the Origin and Design of Government in General, With Concise Remarks on the English Constitution[edit]
In his first section, Paine related common Enlightenment theories of the state of nature, in order to establish a foundation for republican government. Paine began this section by making a distinction between society and government, arguing that government is a "necessary evil". He illustrated the power of society to create and maintain happiness in man through the example of a few isolated people that find it easier to live together rather than apart, creating society. As society continues to grow, a government becomes necessary to prevent the natural evil Paine saw in man. In order to promote civil society through laws and account for the impossibility of all people meeting centrally to make laws, representation and therefore elections become necessary. As this model was clearly intended to mirror the situation of the colonists at the time of publication, Paine went on to consider the Constitution of the United Kingdom.
Paine found two tyrannies in the English constitution; monarchical and aristocratic tyranny, in the king and peers, who rule by heredity and contribute nothing to the people. Paine criticized the English constitution by examining the relationship between the king, the peers, and the commons.
II. Of Monarchy and Hereditary Succession[edit]
In the second section Paine considers monarchy first from a biblical perspective, then from a historical perspective. He begins by arguing that all men are equal at creation and, therefore, the distinction between kings and subjects is a false one. Paine then examines some of the problems that kings and monarchies have caused in the past and concludes:
In England a king hath little more to do than to make war and give away places; which in plain terms, is to impoverish the nation and set it together by the ears. A pretty business indeed for a man to be allowed eight hundred thousand sterling a year for, and worshipped into the bargain! Of more worth is one honest man to society and in the sight of God, than all the crowned ruffians that ever lived.
—  Thomas Paine[18]
In this section, Paine also attacks one type of "mixed state" – the constitutional monarchy promoted by John Locke in which the powers of government are separated between a Parliament or Congress that makes the laws, and a monarch who executes them. The constitutional monarchy, according to Locke, would limit the powers of the king sufficiently to ensure that the realm would remain lawful rather than easily becoming tyrannical. According to Paine, however, such limits are insufficient. In the mixed state, power will tend to concentrate into the hands of the monarch, permitting him eventually to transcend any limitations placed upon him. Paine questions why the supporters of the mixed state, since they concede that the power of the monarch is dangerous, wish to include a monarch in their scheme of government in the first place.
III. Thoughts on the Present State of American Affairs[edit]
Constitution of the United States as proposed by Thomas Paine in Common Sense
In the third section Paine examines the hostilities between England and the American colonies and argues that the best course of action is independence. Paine proposes a Continental Charter (or Charter of the United Colonies) that would be an American Magna Carta. Paine writes that a Continental Charter "should come from some intermediate body between the Congress and the people" and outlines a Continental Conference that could draft a Continental Charter.[19] Each colony would hold elections for five representatives. These five would be accompanied by two members of the assembly of colonies, for a total of seven representatives from each colony in the Continental Conference. The Continental Conference would then meet and draft a Continental Charter that would secure "freedom and property to all men, and… the free exercise of religion".[19] The Continental Charter would also outline a new national government, which Paine thought would take the form of a Congress.
Paine suggested that a congress may be created in the following way: each colony should be divided in districts; each district would "send a proper number of delegates to Congress".[19] Paine thought that each colony should send at least 30 delegates to Congress, and that the total number of delegates in Congress should be at least 390. The Congress would meet annually, and elect a president. Each colony would be put into a lottery; the president would be elected, by the whole congress, from the delegation of the colony that was selected in the lottery. After a colony was selected, it would be removed from subsequent lotteries until all of the colonies had been selected, at which point the lottery would start anew. Electing a president or passing a law would require three-fifths of the congress.
IV. On the Present Ability of America, With Some Miscellaneous Reflections[edit]
The fourth section of the pamphlet includes Paine's optimistic view of America's military potential at the time of the revolution. For example, he spends pages describing how colonial shipyards, by using the large amounts of lumber available in the country, could quickly create a navy that could rival the Royal Navy.
Impact[edit]
Due to heavy advertisement by both Bell and Paine, and the immense publicity created by their publishing quarrel, Common Sense was an immediate sensation not only in Philadelphia but also across the Thirteen Colonies. Early "reviewers" (mainly letter excerpts published anonymously in colonial newspapers) touted the clear and rational case for independence put forth by Paine. One Marylander wrote to the Pennsylvania Evening Post on February 6, 1776, that "if you know the author of COMMON SENSE, tell him he has done wonders and worked miracles. His stile [sic] is plain and nervous; his facts are true; his reasoning, just and conclusive". [20] The author went on to claim that the pamphlet was highly persuasive in swaying people towards independence. This mass appeal, one later reviewer noted, was due to Paine's dramatic calls for popular support of revolution, "giv[ing] liberty to every individual to contribute materials for that great building, the grand charter of American Liberty".[21] Paine's vision of a radical democracy, unlike the checked and balanced nation later favored by conservatives like John Adams, was highly attractive to the popular audience which read and reread Common Sense. In the months leading up to the Declaration of Independence, many more reviewers noted that these two main themes—direct and passionate style and calls for individual empowerment—were decisive in swaying the Colonists from reconciliation to rebellion. The pamphlet was also highly successful because of a brilliant marketing tactic planned by Paine. He and Bell timed the first edition to be published at around the same time as a proclamation on the colonies by King George III, hoping to contrast the strong, monarchical message with the heavily anti-monarchical Common Sense.[9] Luckily, the speech and the first advertisement of the pamphlet appeared on the same day within the pages of the Pennsylvania Evening Post.[22]
While Paine focused his style and address towards the common people, the arguments he made touched on prescient debates of morals, government, and the mechanisms of democracy.[23] This gave Common Sense a "second life" in the very public call-and-response nature of newspaper debates made by intellectual men of letters throughout Philadelphia. Paine's formulation of "war for an idea" led to, as Eric Foner describes it, "a torrent of letters, pamphlets, and broadsides on independence and the meaning of republican government ... attacking or defending, or extending and refining Paine's ideas".[24][25]
John Adams, who would succeed George Washington to become the new nation's second president, in his Thoughts on Government wrote that Paine's ideal sketched in Common Sense was "so democratical, without any restraint or even an attempt at any equilibrium or counter poise, that it must produce confusion and every evil work".[26] Others, such the writer calling himself "Cato", denounced Paine as dangerous and his ideas as violent.[27] Paine was also an active and willing participant in what would become essentially a six month publicity tour for independence. Writing as "The Forester", he responded to Cato and other critics in the pages of Philadelphian papers with passion, declaring again in sweeping language that their conflict was not only with Great Britain, but with the tyranny inevitably resulting from monarchical rule.[28]
Later scholars have assessed Common Sense's influence in several ways. Some, like A. Owen Aldridge, emphasize that Common Sense could hardly be said to embody a particular ideology, and that "even Paine himself may not have been cognizant of the ultimate source of many of his concepts", making the point that much of the pamphlet's value came as a result of the context in which it was published.[29] Eric Foner wrote that the pamphlet touched a radical populace at the height of their radicalism, which culminated in Pennsylvania with a new constitution aligned along Paine's principles.[30] Many have noted that Paine's skills were chiefly in persuasion and propaganda, and that no matter the content of his ideas, the fervor of his conviction and the various tools he employed on his readers (e.g. asserting his Christianity when he in fact was a Deist), that Common Sense was bound for success.[31] Still others emphasized the uniqueness of Paine's vision, with Craig Nelson calling him a "pragmatic utopian", who deemphasized economic arguments in favor of moralistic ones, thus giving credence to the Common Sense-as-propaganda argument.[32]
Each of these arguments is in some way true, and together they portray Common Sense as an impressive piece of propaganda advocating a distinct and timely action and set of principles. Coupling this with the immense publicity and readership created by both the publishing dispute and the newspaper debates establishes Common Sense as an important stepping stone towards independence.[citation needed]
See also[edit]
The Age of Reason and Rights of Man, also written by Thomas Paine
American philosophy
Notes[edit]
Jump up ^ Full title – Common Sense; Addressed to the Inhabitants of America, on the Following Interesting Subjects.
Jump up ^ Conway (1893)
Jump up ^ Kaye (2005), p. 43.
Jump up ^ Wood (2002), pp. 55–56
Jump up ^ Anthony J. Di Lorenzo, "Dissenting Protestantism as a Language of Revolution in Thomas Paine's Common Sense" in Eighteenth-Century Thought, Vol. 4, 2009. ISSN 1545-0449.
^ Jump up to: a b Wood (2002), p. 55
Jump up ^ Gimbel (1956), p. 15
Jump up ^ Gimbel (1956), p. 17
^ Jump up to: a b Gimbel (1956), p. 21
Jump up ^ Gimbel (1956), p. 22
Jump up ^ Gimbel (1956), p. 23
Jump up ^ Foot & Kramnick (1987), p. 10
Jump up ^ Isaac Kramnick, "Introduction," in Thomas Paine, Common Sense (New York: Penguin, 1986), p. 8
^ Jump up to: a b Gimbel (1956), p. 57
Jump up ^ Foot & Kramnick (1987), pp. 10–11
Jump up ^ Aldridge (1984), p. 45
Jump up ^ Aldridge (1984), p. 43
Jump up ^ Paine, Common Sense, excerpted from The Thomas Paine Reader, p. 79
^ Jump up to: a b c Paine, Common Sense, pp. 96–97.
Jump up ^ "Philadelphia, February 13", Pennsylvania Evening Post (Philadelphia) February 13, 1776, p. 77.
Jump up ^ "To the Author of Common Sense, Number IV," New York Journal (New York) March 7, 1776, p. 1.
Jump up ^ Gimbel (1956), pp. 21–22
Jump up ^ Aldridge (1984), p. 18
Jump up ^ Conway (1893), pp. 66–67
Jump up ^ Foner (2004), p. 119
Jump up ^ Foot & Kramnick (1987), p. 11
Jump up ^ Foner (2004), p. 120
Jump up ^ Conway (1893), pp. 72–73
Jump up ^ Aldridge (1984), p. 19
Jump up ^ Foner (2004), p. 132
Jump up ^ Jerome D. Wilson and William F. Ricketson, Thomas Paine – Updated Edition (Boston: G.K. Hall, 1989), pp. 26–27
Jump up ^ Craig Nelson, Thomas Paine (New York: Viking, 2006), pp. 81–83
References[edit]
Wikisource has original text related to this article:
Common Sense
Aldridge, A. Owen (1984), Thomas Paine's American ideology, University of Delaware Press, ISBN 0-874-13260-6
Conway, Moncure Daniel (1893), The Life of Thomas Paine, Ch. VI.
Ferguson, Robert A. (2000), "The Commonalities of Common Sense.", William & Mary Quarterly, 57 (3), pp. 465–504, JSTOR 2674263
Foner, Eric (2004), Tom Paine and Revolutionary America
Gimbel, Richard (1956), A Bibliographical Check List of Common Sense, With an Account of Its Publication, New Haven, CT: Yale University Press, Thomas Paine, "The [American] Crisis No. VII", Pennsylvania Packet
Jordan, Winthrop D. (1973), "Familial Politics: Thomas Paine and the Killing of the King, 1776.", Journal of American History, pp. 294–308, JSTOR 2936777
Kaye, Harvey J. (2005), Thomas Paine And The Promise of America, New York: Hill and Wang, ISBN 0-8090-9344-8
Nelson, Craig (2007), Thomas Paine: Enlightenment, Revolution, and the Birth of Modern Nations, New York: Penguin Books
Wood, Gordon S. (2002), The American Revolution: A History, New York: Modern Library, ISBN 0-679-64057-6
Primary sources[edit]
Paine, Thomas (1986) [1776], Kramnick, Isaac, ed., Common Sense, New York: Penguin Classics, ISBN 0-14-039016-2
Foot, Michael; Kramnick, Isaac, eds. (1987), The Thomas Paine Reader, Penguin Classics, ISBN 0-14-044496-3
External links[edit]
Wikiquote has quotations related to: Common Sense (pamphlet)
"Common Sense: The Rhetoric of Popular Democracy" lesson plan for grades 9–12 from National Endowment for the Humanities
On Line Full Text Google Books Scan & downloadable PDF
At ushistory.org
Project Gutenberg: #147 and #3755
Common Sense public domain audiobook at LibriVox

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