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Rights and Responsibility in the law of torts

In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Portland, Oregon: Hart (2012)

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  1. The Morality of Compensation through Tort Law.Diego M. Papayannis - 2023 - Ratio Juris 36 (1):3-25.
    In this paper, I will focus on the normative structure of tort law. Only by elucidating the point or rationale of holding the wrongdoer responsible to the victim can we understand the value of having tort law instead of establishing other mechanisms of redress, such as a social insurance scheme. Ultimately, I will argue that the value of interpersonal justice, which underlies tort law, might not suffice to fully justify it in a given community. It all depends on whether victims (...)
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  • The failure of universal theories of tort law.James Goudkamp & John Murphy - 2015 - Legal Theory 21 (2):47-85.
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