Class 2

            Perhaps the most recognizable torts, assault and battery, force us to ask surprisingly complex questions. Battery centers on claims of “wrongful bodily contact” whereas assault involves the fear produced by the threat of such contact. But what makes assault or battery harmful? As we’ll see, tort law focuses less on the extent of physical injury (although that certainly matters) and more on an individual’s sense of bodily integrity and dignity. And yet almost daily, we experience physical contact that the law treats as acceptable—on the subway, in touch football games, and even in the office. How does tort law determine when physical touch crosses the line? Does it matter if a plaintiff is especially sensitive? What if a defendant knows in advance about those sensitivities? How much are our ideas of wrongful touch informed by culture and history—or even race, gender, gender identity, and sexual orientation?

            We’ll also consider how the law of assault and battery has figured centrally in contemporary controversies about domestic violence and sexual harassment. As we’ll see, the body of judge-made law that defines these torts has created both roadblocks and opportunities in these areas.