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Journal ArticleDOI

The Concept of Corrective Justice in Recent Theories of Tort Law

Richard A. Posner
- 01 Jan 1981 - 
- Vol. 10, Iss: 1, pp 187-206
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TLDR
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 economic

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Book

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MonographDOI

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Journal ArticleDOI

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.