The Contribution of a Comparative Vision of Tort Law in a Global Perspective: Invisible Hand Explanation Towards the Discovery of the Thought of the Law
The Cardozo Electronic Law Bulletin, Vol. 16, Winter 2010
60 Pages Posted: 30 May 2011
Date Written: November 1, 2010
How does the law think? How does the law work? How does the law evolve? Typically the world is divided exclusively into two kinds of phenomena: natural and artificial. However, this assumption leads to a misinterpretation of certain processes, like the evolution of law. In this essay the law will be presented as a third phenomenon that contains both natural and artificial elements. Law, for example, can be considered artificial since it is created by man, but it evolves naturally in a way that cannot be influenced or predicted by individuals: the mutation of law is caused by the multitude of individual actions, as an unintentional and unplanned complex structure. This article seeks to rationalise the explanandum, trying to represent the law as a phenomenon of the third kind that is guided by an invisible hand: law as the causal unintentional consequence of more or less intentional individual actions. In this context, tort law represents the starting point for the analysis and, at the same time, the centre of gravity around which the whole article orbits: tort law, in fact, is about the rationality underlying the assertive declaration of texts and rules, a form of an objective efficiency that law must find in events and consequently has to declare, not to order or normalize.
Keywords: tort, law, economy, comparative, damages, future, invisible hand, causation
JEL Classification: K13
Suggested Citation: Suggested Citation