Confused Culpability, Contrived Causation, and the Collapse of Tort Theory

Philosophical Foundations of the Law of Torts (2014)

San Diego Legal Studies Paper No. 13-114

32 Pages Posted: 27 Mar 2013

See all articles by Larry Alexander

Larry Alexander

University of San Diego School of Law

Kimberly Kessler Ferzan

University of Virginia, School of Law

Date Written: April 2013

Abstract

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

Alexander, Lawrence and Ferzan, Kimberly Kessler, Confused Culpability, Contrived Causation, and the Collapse of Tort Theory (April 2013). Philosophical Foundations of the Law of Torts (2014), San Diego Legal Studies Paper No. 13-114, Available at SSRN: https://ssrn.com/abstract=2240027

Lawrence Alexander (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)

Kimberly Kessler Ferzan

University of Virginia, School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
381
Abstract Views
1,521
rank
90,633
PlumX Metrics