Theories of the Common Law of Torts

[Revised entry by Jules Coleman, Scott Hershovitz, and Gabriel Mendlow on December 17, 2015. Changes to: Main text, Bibliography] Tort is a branch of private law. The other main branches are
Philosophy News image
[Revised entry by Jules Coleman, Scott Hershovitz, and Gabriel Mendlow on December 17, 2015. Changes to: Main text, Bibliography] Tort is a branch of private law. The other main branches are contract, property, and restitution (sometimes known as unjust enrichment). Section 1 offers a brief overview of tort law and tort theory. Section 2 discusses economic analysis, which is the historically dominant tort theory and the primary foil for philosophical perspectives on tort law. Section 3 discusses the most influential non-economic tort theories, theories that emphasize such normative...

Continue reading . . .

News source: Stanford Encyclopedia of Philosophy

blog comments powered by Disqus