Download This PaperConfused 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
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: 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
Kimberly Kessler Ferzan
University of Pennsylvania Carey Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
HOME PAGE: http://https://www.law.upenn.edu/cf/faculty/kferzan/
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