Miller & Pojanowski on Torts Against the State

Paul B. Miller and Jeffrey A. Pojanowski (Notre Dame Law School and Notre Dame Law School) have posted Torts Against the State (Civil Wrongs and Justice in Private Law, Paul B. Miller and John F.K. Oberdiek, eds., Oxford U. Press (2020, Forthcoming) on SSRN.  Here is the abstract: The state provides the forum in which private parties can seek recourse for tortious wrongs other private parties cause. The state can also be liable for torts it commits. These observations are commonplaces. The state can also be a tort plaintiff, however, and that phenomenon has important implications for tort theory. Natural persons and artificial persons like the state have different kinds of interests, and these interests, in turn, implicate different sets of values. Accommodating torts against personified entities like the state will require tort theorists to significantly amend leading models, which presume wrongs against individual, natural persons. Some of these changes may be difficult…

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