Private Wrongs

2016.10.22 : View this Review Online | View Recent NDPR Reviews Arthur Ripstein, Private Wrongs, Harvard University Press, 2016, 313pp., $49.95 (hbk), ISBN 9780674659803. Reviewed by Lewis
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2016.10.22 : View this Review Online | View Recent NDPR Reviews Arthur Ripstein, Private Wrongs, Harvard University Press, 2016, 313pp., $49.95 (hbk), ISBN 9780674659803. Reviewed by Lewis A. Kornhauser, New York University The last twenty-five years (starting perhaps with Ernest Weinrib (1995)) have seen a renaissance in private law theory in general and in tort theory in particular. Prior to the renaissance, the instrumental approach of economic analysis dominated private law theory. In response, contract and tort theorists have adumbrated an increasing variety of non-instrumental accounts of contract and tort. Arthur Ripstein's book is a signal contribution to this growing literature. It is both clearly written and densely argued. The book repays careful reading.  In the first chapter, Ripstein frames the enterprise and then develops his own theory of tort as a private wrong. The chief antagonists in the first chapter are instrumentalists, primarily in their. . .

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News source: Notre Dame Philosophical Reviews // News

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