Download This PaperThe Moral Necessity of Tort Law - the Fairness Argument
Published in (2021) 41 Oxford Journal of Legal Studies 192
26 Pages Posted: 8 Jul 2020 Last revised: 7 Oct 2021
Date Written: June 15, 2020
Abstract
This paper critiques the argument that tort law is morally required in virtue of the fact that the legal system has prohibited private enforcement of moral rights. It shows that the argument, if it has any success at all, may only justify a highly limited form of tort law.
Keywords: Tort, Rights, Compensation, Morality, Duty, Law
Suggested Citation: Suggested Citation
Steel, Sandy, The Moral Necessity of Tort Law - the Fairness Argument (June 15, 2020). Published in (2021) 41 Oxford Journal of Legal Studies 192, Available at SSRN: https://ssrn.com/abstract=3627552 or http://dx.doi.org/10.2139/ssrn.3627552
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