Torts, Crimes, and Vindication: Whose Wrong Is It?

Unravelling Tort and Crime, M. Dyson, ed., Cambridge University Press, Forthcoming

Minnesota Legal Studies Research Paper No. 14-07

21 Pages Posted: 31 Jan 2014  

R. A. Duff

University of Minnesota Law School; University of Stirling - Department of Philosophy

Date Written: January 29, 2014

Abstract

It is sometimes said that tort law provides for the vindication of individual rights — which raises the question of how tort law as thus understood should relate to criminal law, which is sometimes also said to be concerned with the vindication of rights. I discuss the differences between civil and criminal modes of vindication; the ways in which we might nonetheless blur the boundaries between the tort process and the criminal process; and the light that this can throw on the central core of criminal law.

Keywords: tort law, criminal law, vindication

Suggested Citation

Duff, R. A., Torts, Crimes, and Vindication: Whose Wrong Is It? (January 29, 2014). Unravelling Tort and Crime, M. Dyson, ed., Cambridge University Press, Forthcoming; Minnesota Legal Studies Research Paper No. 14-07. Available at SSRN: https://ssrn.com/abstract=2387784

Robin Antony Duff (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

University of Stirling - Department of Philosophy ( email )

Stirling, Scotland FK9 4LA
United Kingdom

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