The Moral of Torts

The Moral of Torts, in Christianity and Private Law, eds. Robert F. Cochran, Jr. and Michael P. Moreland, Routledge, Forthcoming

21 Pages Posted: 8 Jun 2020

See all articles by Michael P. Moreland

Michael P. Moreland

Villanova University - School of Law

Jeffrey A. Pojanowski

Notre Dame Law School

Date Written: June 3, 2020

Abstract

Tort theory is an anxious field, trying either to explain the body of tort law through a unified account or surrendering to the view that torts is just an accumulation of ad hoc “policy” judgments without a consistent explanatory basis. In this chapter, we argue that the natural law theory in the Christian tradition breaks through this impasse in tort theory by showing how the basic outlines of tort law are properly derived from principles of morality, while the details within that framework are left open for choice among a wide range of reasonable arrangements. In our view, central aspects of natural law theory such as its account of the relation of law and morality and the manner in which positive law is derived from the natural law explain and justify tort doctrine.

Keywords: Tort Law, Private Law Theory, Jurisprudence, Natural Law, Law and Religion

JEL Classification: K13

Suggested Citation

Moreland, Michael P. and Pojanowski, Jeffrey A., The Moral of Torts (June 3, 2020). The Moral of Torts, in Christianity and Private Law, eds. Robert F. Cochran, Jr. and Michael P. Moreland, Routledge, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3617969 or http://dx.doi.org/10.2139/ssrn.3617969

Michael P. Moreland (Contact Author)

Villanova University - School of Law ( email )

299 N. Spring Mill Road
Villanova, PA 19085
United States
610-519-3297 (Phone)

Jeffrey A. Pojanowski

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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