Avihay Dorfman, ‘New Philosophical Foundations of Tort Law?’

In this critical piece I take stock of current understandings of five basic distinctions in the theoretical study of tort law: First, a meta-theoretical distinction between the law’s self-presentation and a commitment to epiphenomenalism; second, between the formal and the substantive theory of the morality of tort law; third, between corrective and distributive justice; fourth, between ideal and non-ideal tort theory; and finally, between culpability and justice (or equality).

Dorfman, Avihay, New Philosophical Foundations of Tort Law? (January 26, 2015). Notre Dame Philosophical Reviews, January 21, 2015.

First posted 2015-01-28 06:06:19

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