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
Date Written: June 3, 2020
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: Suggested Citation