Repairing Harms and Answering for Wrongs
Philosophical Foundations of Tort Law, John Oberdiek, ed., Oxford University Press, 2014, Forthcoming
20 Pages Posted: 31 Jan 2014
Date Written: January 29, 2014
I contrast two models of tort law: a cost-allocation model, and the ‘civil recourse’ model offered by Golberg and Zipursky. The former makes it possible to draw a clear distinction between tort law and criminal law, and explains some of the differentiating features. The latter deals plausibly with kinds of cases that the cost-allocation model cannot accommodate: but it does so by bringing tort law much closer to criminal law, and thus raises several questions about the proper relationship between them.
Keywords: tort law, criminal law, cost allocation, civil recourse, Goldberg and Zipursky
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