Private Law Theory

Abstract:
It is sometimes said that tort law provides for the vindication of individual rights — which raises the question of how tort law as thus understood should relate to criminal law, which is sometimes also said to be concerned with the vindication of rights. I discuss the differences between civil and criminal modes of vindication; the ways in which we might nonetheless blur the boundaries between the tort process and the criminal process; and the light that this can throw on the central core of criminal law.

Duff, R. A., Torts, Crimes, and Vindication: Whose Wrong Is It? (January 29, 2014). Unravelling Tort and Crime, M. Dyson, ed., Cambridge University Press, Forthcoming; Minnesota Legal Studies Research Paper No. 14-07.

First posted 2014-02-01 11:50:46