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Full-Text Articles in Law
Why There Is No Duty To Pay Damages: Powers, Duties, And Private Law, Nathan B. Oman
Why There Is No Duty To Pay Damages: Powers, Duties, And Private Law, Nathan B. Oman
Faculty Publications
This Article was part of a symposium on the rise of civil recourse theory. It contributes to this debate by defending a simple but counterintuitive claim: There is no duty to pay damages in either tort or contract law. The absence of such a duty provides a reason for believing that civil recourse provides a better account of private law than does corrective justice. Corrective justice is committed to interpreting private law as creating duties for wrongdoers to compensate their victims. In contrast, civil recourse sees the law as empowering plaintiffs against defendants. My argument is that a careful analysis …
Civil Recourse As Social Equality, Jason M. Solomon
Civil Recourse As Social Equality, Jason M. Solomon
Faculty Publications
No abstract provided.
The Honor Of Private Law, Nathan B. Oman
The Honor Of Private Law, Nathan B. Oman
Faculty Publications
While combativeness is central to how our culture both experiences and conceptualizes litigation, we generally notice it only as a regrettable cost. This Article offers a less squeamish vision, one that sees in the struggle of people suing one another a morally valuable activity: the vindication of insulted honor. This claim is offered as a normative defense of a civil recourse approach to private law. According to civil recourse theorists, tort and contract law should be seen as empowering plaintiffs to act against defendants, rather than as economically optimal incentives or as a means of enforcing duties of corrective justice. …