Leo Boonzaier, ‘Is a tort a failure to do what one ought?’, in New Directions in Private Law Theory 165 (Fabiana Bettini, Martin Fischer, Charles Mitchell, Prince Saprai eds, 2023). ‘Is a tort a failure to do what one ought?’, asks the South African scholar Leo Boonzaier. In this book chapter, Boonzaier provides an insightful analysis of the question, which he frames as follows. A distinguishing feature of many non-instrumentalist theories of tort law is how they conceive of a tort – as a wrong, not merely as a cost or loss that the law has an interest in efficiently deterring through a compensatory remedy. But what does it mean to characterize negligent conduct or an intentional battery or a defamatory statement as a wrong? … (more)
[[Kenneth W Simons, JOTWELL, 9 October 2024]
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