Jeffrey Harrison, ‘Spite: Legal and Social Implications’

Abstract:
Spite is not a simple concept. The same actions may be motivated by a desire to harm others as a source of the actor’s satisfaction. They may also be a reaction to a personal sense of injustice. Finally, spite-like actions are consistent with simply righting a wrong. This Article makes the case that spite, in its worst from, is comparably to theft. It is a taking of someone’s sense of well-being without consent. It also claims that the purchase of positional goods is ultimately spite driven. It canvasses tort law, contracts, tax law, trademark, and criminal law in an effort to assess the reaction of the law to spite.

Harrison, Jeffrey Lynch, Spite: Legal and Social Implications (September 5, 2017).

First posted 2017-09-09 06:21:38

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