ABSTRACT
In this paper, I aim to elucidate the process of studying liability law as an object. I explore the foundational principles of liability law, focusing on fairness in the distribution of means and the role of corrective justice. I identify three foundational questions arising from these principles, pertaining to the nature of ownership, lawfulness of transfers, and necessary corrective measures. I argue that addressing these questions is important for understanding contemporary liability law frameworks, which are determined by legal causality and societal attitudes towards risk taking. Drawing on detailed conceptual analyses, I propose eight research questions aimed at enhancing our understanding of the factors shaping liability law dynamics.
Kwaijtaal, Anton, Decoding the Dynamics in Liability Law (January 29, 2024).
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