Utilitarianism, the view that 'actions are right in proportion as they tend to promote
happiness, wrong as they tend to produce the reverse of happiness', is no longer taken …

Professor Fletcher challenges the traditional account of the development of tort doctrine as a
shift from an unmoral standard of strict liability for directly causing harm to a moral standard …

The string of words,'Philosophy of tort law'may seem like a random conjunction of academic
topic nouns selected from columns in a word game. If the phrase has a comical ring, it is …

The difficulties of providing an adequate answer to the question posed in the title of this
chapter stem at least in part from the complexity of its main terms. It is well known that there …

The outline of the debate that dominates contemporary tort scholarship has become more or
less fixed. On the one hand, the instrumentalists, led primarily by the legal economists, seek …

This article outlines the morality latent in the structure of tort law. Rejecting both the
instrumentalism of economic analysis and non-instrumental accounts that do not reflect tort …

This Chapter studies how tort presumes and implements theories of rights. Although most
recent philosophical scholarship on tort has focused on corrective justice, by and large that …

If I were to shove you to the ground, or take your laptop, or burn down your house in an ill-
advised attempt to burn the paint off mine, I would wrong you (other things being equal), just …

One approach to legal theory is to provide some sort of rational reconstruction of all or of a
large body of the common law. For philosophers of law this has usually meant trying to …

INTRODUCTIONEconomic accounts of tort law tell us why tortfeasors face monetary
sanctions for certain sorts of conduct. That is not enough, according to corrective justice …