Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Priority Of Respect Over Repair, Gregory C. Keating
The Priority Of Respect Over Repair, Gregory C. Keating
Gregory C. Keating
Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should therefore repair the harm they have done. Deterring cheapest cost-avoiders from committing future harms no more justifies imposing liability …
Tort, Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory C. Keating
Tort, Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory C. Keating
Gregory C. Keating
No abstract provided.