Torts 2.0

18 Pages Posted: 13 Mar 2012  

Geoffrey Christopher Rapp

University of Toledo College of Law

Date Written: 2011

Abstract

In this Symposium Essay, I analogize the American Law Institute's Restatement (Third) of Torts to "Web 2.0." The story of the Third Restatement and its progenitors bears a remarkable resemblance to the great technological revolution of the last century's end: the World Wide Web. Web. 1.0, the first generation of internet activity, treated users as passive. Web 2.0, by contrast, is organic and allowes user preferences to drive site development.

Like Web 2.0, the Third Restatement embraces the "architecture of participation" in the development of tort law. Instead of a top-down approach, ala Web 1.0 and the Second Restatement of Torts, the Third Restatement's embrace of a flexible and open-ended formulation of key tort principles encourages judges and juries to play a participatory role in developing the law of torts.

Keywords: torts, restatement

Suggested Citation

Rapp, Geoffrey Christopher, Torts 2.0 (2011). William Mitchell Law Review, Vol. 37, p. 1582, 2011; University of Toledo Legal Studies Research Paper No. 2012-10. Available at SSRN: https://ssrn.com/abstract=2020521

Geoffrey Christopher Rapp (Contact Author)

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States

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