Ronen Perry, Pluralistic Legal Theories: In Search of a Common Denominator, 90 Tulane Law Review (forthcoming 2015), available at SSRN. Can pluralistic legal theories be unified around a common framework? That’s the tantalizing question that Ronen Perry tackles in his recent essay. Perry is searching for a holy grail – a unifying principle for all pluralistic theories of law. Even if the holy grail does not exist, the quest itself proves interesting and worthy of consideration. Modern tort theorists have advanced at least three rationales for the tort system: deterrence, individualized justice, and compensation. Under a deterrence-economic perspective, the goal of the tort system is to prevent accidents in an efficient manner … (more)
[Sheila Scheuerman, JOTWELL, 17 November]
First posted 2015-11-17 13:35:15
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