Don Herzog
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780300221541
- eISBN:
- 9780300227710
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300221541.003.0002
- Subject:
- Law, Philosophy of Law
A sketch of the basic contours of tort law, for those not familiar with it. The chapter defends and starts deepening the traditional case that tort is private law: that what matters in a tort action ...
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A sketch of the basic contours of tort law, for those not familiar with it. The chapter defends and starts deepening the traditional case that tort is private law: that what matters in a tort action is simply the claim that one party has wronged another, not making sound social policy or promoting Kaldor-Hicks efficiency or anything like that. It explores settings in which the law does take posthumous interests seriously.Less
A sketch of the basic contours of tort law, for those not familiar with it. The chapter defends and starts deepening the traditional case that tort is private law: that what matters in a tort action is simply the claim that one party has wronged another, not making sound social policy or promoting Kaldor-Hicks efficiency or anything like that. It explores settings in which the law does take posthumous interests seriously.