Strict Liability Wrongs
Gregory C. Keating
University of Southern California Law School
Philosophical Foundations of the Law of Torts, Oxford University Press, p. 292, 2014
USC Law Legal Studies Paper No. 14-27
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.
Number of Pages in PDF File: 23
Date posted: June 29, 2014 ; Last revised: July 29, 2014