Azmat on Tort Theory

Ahson Azmat (Harvard University, Law School, Students) has posted The Grounds of Tort, Part I: Private Wrongs and Practical Reasoning on SSRN.  Here is the abstract: Tort theory is widely thought to split cleanly into two seams. Some trace tort's foundations to a deontic form of morality; others to an instrumental, policy-oriented system of loss allocation. Civil Recourse Theory (CRT) resists this binary. It argues that torts comprise a basic legal category, and that this category constitutes an autonomous domain of normativity. But while the theory rightly rejects the binary between corrective justice theory on the one hand and the law-and-economics framework on the other, its insistence on tort law's deontic character is more difficult to sustain, and ultimately cannot be vindicated by doctrinal, historical, or institutional arguments considered apart from their philosophical foundations. Using the familiar question whether tort directives are…

Read more detail on Recent Legal Theory posts –

This entry was posted in Legal Theory and tagged , , . Bookmark the permalink.

Leave a Reply