“Why have tort law? After all, other laws and institutions cover a lot of the same ground. If we want to punish bad actors, there is criminal law. If we want to ensure safety, there is regulatory law. If we want to aid injury victims, there is public and private insurance. What’s left for tort? A standard answer is that tort, with its threat of liability, deters people from engaging in conduct that unduly risks harm …” (more)
John Goldberg, ‘Against the Law?’. JOTWELL 18 January 2013, commenting on W Jonathan Cardi, Randy Penfield & Albert Yoon, ‘Does Tort Law Deter?’, Wake Forest Univ. Legal Studies Paper No. 1851383 (2011).
First posted 2013-02-13 09:41:22
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