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  

Gino Michele Domenico Arnone

University of Turin - Faculty of Law

Date Written: November 1, 2010

Abstract

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

Arnone, Gino Michele Domenico, 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 (November 1, 2010). The Cardozo Electronic Law Bulletin, Vol. 16, Winter 2010. Available at SSRN: https://ssrn.com/abstract=1854915

Gino Michele Domenico Arnone (Contact Author)

University of Turin - Faculty of Law ( email )

Italy

HOME PAGE: http://gmdarnone.blogspot.com/

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