Justice, rights, and tort law

Abstract

This volume examines fundamental questions in tort law through a collection of essays approaching the subject from different theoretical perspectives. Central themes include the role of corrective justice versus economic efficiency, the nature of rights and duties, and the proper basis for liability. The essays analyze issues such as: whether tort law should be grounded in retributive justice or social utility; how to reconcile strict liability with fault-based liability; whether rights are absolute or defeasible; the relationship between rights, goals and hard cases; and the conceptual foundations of products liability. While some authors argue for economic approaches focused on optimal deterrence and cost allocation, others defend rights-based theories emphasizing corrective justice and moral responsibility. The volume includes detailed examinations of specific doctrinal problems like the duty to rescue, liability for omissions, and the role of foreseeability. Throughout, the authors grapple with fundamental questions about the nature and purpose of tort law - whether it exists primarily to enforce rights and duties, to achieve efficient outcomes, or to serve broader social goals. The essays demonstrate both the richness of tort theory and the continuing challenges in developing coherent theoretical foundations for this area of law. - AI-generated abstract