New Philosophical Foundations of Tort Law?
Notre Dame Philosophical Reviews, January 21, 2015
13 Pages Posted: 27 Jan 2015
Date Written: January 26, 2015
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