From Civil Recourse to Class Action: A Comment on John Goldberg & Benjamin Zipursky’s Recognizing Wrongs

Dagan, Hanoch; Dorfman, Avihay

doi:10.2139/ssrn.3566438

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From Civil Recourse to Class Action: A Comment on John Goldberg & Benjamin Zipursky’s Recognizing Wrongs

Jerusalem Review of Legal Studies

17 Pages Posted: 16 Apr 2020 Last revised: 24 Aug 2022

See all articles by Hanoch Dagan

Hanoch Dagan

University of California, Berkeley - School of Law; Berkeley Law School

Avihay Dorfman

University of Texas at Austin School of Law; Tel Aviv University - Buchmann Faculty of Law

Date Written: June 1, 2022

Abstract

The ambition of this Essay is to offer a preliminary examination of the value of private rights of action, addressing the question why private rights of action in the torts context might matter. Our answer — that private rights may be instrumentally and, at times, non-instrumentally valuable to doing justice — has immediate implications for the civil-procedure law surrounding tort law. It suggests that where private rights of action are strictly instrumental, other devices may, under certain circumstances, be necessary, and possibly even sufficient, for doing justice.

Keywords: rights of action, tort law, relational justice, civil recourse, class action, standing

JEL Classification: K13

Suggested Citation: Suggested Citation

Dagan, Hanoch and Dorfman, Avihay, From Civil Recourse to Class Action: A Comment on John Goldberg & Benjamin Zipursky’s Recognizing Wrongs (June 1, 2022). Jerusalem Review of Legal Studies, Available at SSRN: https://ssrn.com/abstract=3566438 or http://dx.doi.org/10.2139/ssrn.3566438