Torts Commons^™

Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks

Faculty Scholarship

In this Paper, I propose the following two step procedure to explain both the inclusion and exclusion of criminal utility. As a first step, I posit a full compliance utility function. This utility function includes all utilities for all activities and incorporates an assumption that all members of society will forego prohibited activities. Aa s preliminary matter, I will also presuppose common information and shared values within the community. I suggest that maximization of full compliance social utility determines what society prohibits. As a second step, I strip the social utility function of the utility from prohibited activities and drop …

Comment On The Tort/Crime Distinction: A Generation Later, Michael C. Harper

Faculty Scholarship

Perhaps unsurprisingly, Professor Epstein has used the occasion of this Symposium to again voice his disapproval of the modern regulatory state.' Those of you who know me will not be surprised to hear that I disagree with the bald assertions and assumptions he makes concerning that issue. In my view, compelling reasons justify the kinds of environmental and, at least in the absence of pervasive independent employee collective representation at the work place, worker safety laws attacked by Professor Epstein.² However, I will refrain from compounding the diversion by engaging Professor Epstein on these normative issues.

Instead, I will …

A Missing Markets Theory Of Tort Law, Keith N. Hylton

Faculty Scholarship

This Article provides a framework for reconciling the tension between tort doctrine and economic theory, and for addressing the general failure of economically oriented theories to come to grips with doctrine at a detailed level. My claim is that tort doctrine should be viewed as a response to the incompleteness of markets, or more generally the problem of missing markets. Because of market incompleteness, some of the benefits as well as costs associated with activities will be shifted or "externalized" to third parties. Tort doctrine reflects sensitivity to the externalization of benefits and costs. It can therefore be understood only …