Download This PaperNew Philosophical Foundations of Tort Law?
Notre Dame Philosophical Reviews, January 21, 2015
13 Pages Posted: 27 Jan 2015
Date Written: January 26, 2015
Abstract
In this critical piece I take stock of current understandings of five basic distinctions in the theoretical study of tort law: First, a meta-theoretical distinction between the law’s self-presentation and a commitment to epiphenomenalism; second, between the formal and the substantive theory of the morality of tort law; third, between corrective and distributive justice; fourth, between ideal and non-ideal tort theory; and finally, between culpability and justice (or equality).
Keywords: torts, justice, economic analysis, tort theory
JEL Classification: k13
Suggested Citation: Suggested Citation
Dorfman, Avihay, New Philosophical Foundations of Tort Law? (January 26, 2015). Notre Dame Philosophical Reviews, January 21, 2015, Available at SSRN: https://ssrn.com/abstract=2555525 or http://dx.doi.org/10.2139/ssrn.2555525
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.