Private Law Theory

“Scott Hershovitz, ‘Tort as a Substitute for Revenge’, in Philosophical Foundations of the Law of Torts (John Oberdiek ed., forthcoming 2014) available at SSRN. Modern tort theory begins with Holmes, who was eager to recast the old law of ‘trespass’ on suitably modern terms. Back when people were superstitious and quick to blame, tort could be understood as law that provides an alternative to vengeance. In our disenchanted world, however, tort law must be seen as a mechanism by which the state pursues a public policy, such as compensation of injury victims …” (more)

[JOTWELL, 28 October]

First posted 2013-10-29 07:15:08