Journal ArticleDOI
The Concept of Corrective Justice in Recent Theories of Tort Law
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For the last 100 years, which is to say since the publication of Holmes's The Common Law, most tort scholars have thought that tort doctrines were, and should be, based on utilitarian (or, more recently, economic) concepts as discussed by the authors.Abstract:
FOR the last 100 years, which is to say since the publication of Holmes's The Common Law,1 most tort scholars have thought that tort doctrines were, and should be, based on utilitarian (or, more recently, economic) concepts.2 This was the view of Holmes, of Ames, and of Terry; of the draftsmen of the first and second Restatement of Torts; and of the legal realists who thought the focus of tort law should be on loss spreading rather than on assessment of fault.3 It is also the view of economicread more
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Book
Contract Law: Rules, Theory, and Context
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Legal Blame: How Jurors Think and Talk about Accidents
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MonographDOI
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Beware of the Watchdog: Rethinking the Normative Justification of Gatekeeper Liability
TL;DR: In this article, the normative foundations of gatekeeper liability are examined, and it is argued that gatekeepers' liability may be morally objectionable not only on grounds of fairness but also on consequentialist grounds.
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