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Can There Be A Unified Theory Of Torts? A Pluralist Suggestion From History And Doctrine, Christopher J. Robinette
Can There Be A Unified Theory Of Torts? A Pluralist Suggestion From History And Doctrine, Christopher J. Robinette
Christopher J Robinette
In this article, I discuss the tendency of tort theorists to attempt to unify all of tort law. In other words, many scholars have sought to explain torts by the use of a single idea. Originally, scholars attempted a unity of doctrine, such as Holmes' focus on negligence. In the last several decades, scholars have sought to unify torts by rationale. In particular, modern scholars tend to view torts either as a means of deterring injuries or of achieving corrective justice.
I argue that both history and doctrine suggest that the attempt to unify all of torts is futile. From …