Category Archives: Civil Recourse
Goldberg and Zipursky, ‘Tort Law and Responsibility’
Abstract: It borders on banality to observe that tort law enables injury victims to hold tortfeasors responsible for having wrongfully injured them. Yet modern torts scholarship has largely obscured the centrality of responsibility to tort law. This is true not only of avowedly instrumental and prescriptive theories, but also of many corrective justice theories. In […]
Michael Rustad, ‘Twenty-First-Century Tort Theories: The Internalist/Externalist Debate’
Abstract: Each year the current chair of the Section on Torts and Compensation Systems has the privilege of proposing the topic for the section’s panel at the annual meetings. I organized an authors-meet-critics American Association of Law Schools (AALS) Annual Meeting panel highlighting the work of John Goldberg and Benjamin Zipursky because they have established […]
Sheila Scheuerman, ‘A Preference for Strict Liability?’
“Joseph Sanders, et al., Torts as (Only) Wrongs? An Empirical Perspective (Brooklyn Law School, Legal Studies Paper No 302, 2012) available at SSRN. A long-enduring question in tort scholarship concerns the purpose of tort law. One camp, anchored by the powerful scholarship of John Goldberg and Ben Zipursky, argues that tort is a law of […]
Evan Fox-Decent, ‘Unseating Unilateralism’
Abstract: Two sets of literature dominate academic discussion of the rule of law. The first is the Fuller/Hart/Raz literature of legal philosophy that focuses on Fuller’s internal morality of law and the framework it supplies for the exercise of agency. The second is the public law literature descended from A.V. Dicey that celebrates the rule […]
Alan Calnan, ‘Civil Defense against Civil Recourse’
Abstract: According to the popular civil recourse theory of torts, the purpose of the tort system is to offer victims a civilized means of redressing their wrongs. This view is based on three key assumptions: (1) civil recourse is a “just” right that empowers deserving people, (2) the right to civil recourse is triggered by […]