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The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz Jan 2017

The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz

Reviews

Theorists like to do a lot with a little. And not just because simple theories seem more elegant: we deepen our understanding when we learn that disparate phenomena are linked together. In physics, for example, the theory of thermodynamics showed us the relationship between mechanics and heat. In economics, the theory of the firm showed us that, across industries that look nothing alike, a simple principle helps explain the organization of economic activity. Of course, there is no guarantee that the disparate phenomena we suspect are linked actually are. Particle physicists continue to search for a Grand Unified Theory, which …


What Does Tort Law Do? What Can It Do?, Scott Hershovitz Jan 2012

What Does Tort Law Do? What Can It Do?, Scott Hershovitz

Articles

It’s not hard to describe what tort law does. As a first approximation, we might say that tort empowers those who suffer certain sorts of injuries or invasions to seek remedies from those who brought about those injuries or invasions. The challenge is to explain why tort does that, or to explain what tort is trying to do when it does that. After all, it is not obvious that we should have an institution specially concerned with the injuries and invasions that count as torts.


Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar Jan 2004

Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar

Articles

This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …


The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy Jan 1989

The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy

Michigan Journal of International Law

After briefly summarizing the classical doctrine of state responsibility, Part One will discuss whether extending compensation to the harmful consequences of certain hazardous activities necessarily involves the recognition of a "liability for lawful conduct" without any link to traditional ideas of state responsibility. Part Two, starting again from responsibility for wrongful acts, will discuss whether raising a new category, the breach of an "essential obligation" or "international crimes," confers not only an obligation to make reparations, but a right, in both the victim state and the non-victim states, to sanction the responsible state.