ABSTRACT
This paper seeks to identify a structural gap between the principle of freedom as independence and the law of torts in the common law tradition. Contrary to influential arguments made by contemporary proponents of this principle, I argue that independence can neither illuminate nor justify core areas of tort law. This shortcoming has broader implications for the larger question of what difference – that is, distinctive difference – tort law makes in moral space.
Avihay Dorfman, The Independence of Tort Law, Law and Philosophy (2025). Published: 4 October 2025.
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