New Philosophical Foundations of Tort Law?

Notre Dame Philosophical Reviews, January 21, 2015

13 Pages Posted: 27 Jan 2015

See all articles by Avihay Dorfman

Avihay Dorfman

Tel Aviv University - Buchmann Faculty of Law

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

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

Avihay Dorfman (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel

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