Tort Law and Communitarianism: Where Rights Meet Responsibilities
44 Pages Posted: 5 Nov 2019
Date Written: 1995
In this article, Dean Ackerman suggests how communitarian principles could be utilized within basic tort doctrines. He begins by providing a brief overview of communitarianism, paying great attention to Professor Amitai Etzioni's four-point agenda on rights and responsibilities. Next, Dean Ackerman considers what effects communitarian thought could have on tort law. Dean Ackerman proposes that communitarianism could be used not only to expand tort duties, but also to limit remedies for injuries. He also addresses possible conficts that arise when these two principles compete. In conclusion, the article suggests how communitarianism might improve the processes used to resolve tort claims.
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