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Torts Rationales, Pluralism, And Isaiah Berlin, Christopher J. Robinette
Torts Rationales, Pluralism, And Isaiah Berlin, Christopher J. Robinette
Christopher J Robinette
Most modern torts scholars adopt a monistic view of torts, arguing that the tort system can be justified or explained by reference to a single rationale. In contrast, few torts pluralists, scholars believing the tort system is based on multiple rationales, have put forward a general theory or framework for tort law.
A pluralistic view of the tort system poses significant questions about the relationship among the rationales. Do the rationales work together as a seamless whole? Do the rationales conflict? If they conflict, how does one choose among them? Does the entire system devolve into adjudicative relativism, whereby a …