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Full-Text Articles in Law
On A New Theory Of Justice, William Ewald
On A New Theory Of Justice, William Ewald
All Faculty Scholarship
No abstract provided.
A Process Theory Of Torts, Jay Tidmarsh
A Process Theory Of Torts, Jay Tidmarsh
Journal Articles
This article is meant to reconcile two schools of intellectual thought regarding tort law, the conceptualist and the anti-conceptualist. It argues that torts must be understood as a system in perpetual process--forever indefinite and infinitely malleable in its precise theoretical, doctrinal and practical manifestations--yet ultimately bounded in its possibilities. It then defines the limits of torts law as a process that constantly regenerates the old face of tort theory, doctrine and practice into the new.