Confused Culpability, Contrived Causation, and the Collapse of Tort Theory
Philosophical Foundations of the Law of Torts (2014)
32 Pages Posted: 27 Mar 2013
Date Written: April 2013
What justifies tort law? Once we identify a domain that is central to if not co-extensive with “torts,” we will find that it consists of a motley collection of doctrines that are impossible to justify under any recognizable and attractive normative principles.
Keywords: tort, causation, counterfactual dependence, negligence, strict liability
JEL Classification: K10
Suggested Citation: Suggested Citation