Strict Liability Wrongs

Philosophical Foundations of the Law of Torts, Oxford University Press, p. 292, 2014

USC Law Legal Studies Paper No. 14-27

23 Pages Posted: 29 Jun 2014 Last revised: 29 Jul 2014

Gregory C. Keating

University of Southern California Law School

Date Written: 2014

Abstract

Strict liability is an orphan among moral theorists of torts. They wish either to expunge it from the law of torts entirely, or to assimilate it to negligence liability. This chapter argues that strict liability torts are genuine wrongs. They involve violations of rights, and they delineate two distinctive domains of wrongful conduct. One domain — the territory of “harm-based” strict liabilities — involves the distinctive wrong of harming-without-repairing. The other domain — the territory of “sovereignty torts” — involves the distinctive wrong of violating core autonomy rights which confer on persons fundamental powers of control over their selves and their property.

Suggested Citation

Keating, Gregory C., Strict Liability Wrongs (2014). Philosophical Foundations of the Law of Torts, Oxford University Press, p. 292, 2014; USC Law Legal Studies Paper No. 14-27. Available at SSRN: https://ssrn.com/abstract=2459274

Gregory C. Keating (Contact Author)

University of Southern California Law School ( email )

699 Exposition Boulevard
LAW 462
Los Angeles, CA 90089
United States
213-740-2565 (Phone)
213-740-5502 (Fax)

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