Abstract

http://ssrn.com/abstract=2309652
 


 



On Selling Civil Recourse


Andrew S. Gold


DePaul University - College of Law

August 13, 2013

DePaul Law Review, Forthcoming

Abstract:     
This Essay is a contribution to the 19th Annual Clifford Symposium on Tort Law and Social Policy. The focus of the Essay is on the alienability of legal claims. Debates over alienability often emphasize questions of commodification or efficiency, yet there are also interesting remedial implications. Drawing on insights from civil recourse theory, I will argue that some remedies may cease to be apt once a claim has been transferred. For example, apologies may no longer make sense if their recipient is not the party who was wronged, or someone affiliated with that party. Apologies are admittedly not a core remedy in tort law. But similar concerns may arise with respect to punitive damages, particularly if those damages have an expressive component, or are taken to provide a type of private revenge. More broadly, if civil recourse theorists are correct that private rights of action provide a type of accountability, or a mode of “getting satisfaction”, many tort law remedies may have a different meaning post-transfer. This Essay will explore these concerns and suggest several potential responses to them.

Number of Pages in PDF File: 15

Keywords: civil recourse theory, commodification, inalienability

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Date posted: August 15, 2013  

Suggested Citation

Gold, Andrew S., On Selling Civil Recourse (August 13, 2013). DePaul Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2309652

Contact Information

Andrew S. Gold (Contact Author)
DePaul University - College of Law ( email )
25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States

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