Confused Culpability, Contrived Causation, and the Collapse of Tort Theory

Authors

Larry Alexander, University of San Diego School of LawFollow
Kimberly Kessler Ferzan, University of Pennsylvania Carey Law SchoolFollow

ORCID

Kimberly Ferzan 0000-0002-9976-5913

Document Type

Book Chapter

Publication Date

2014

Abstract

What justifies tort law? Once we identify a domain that is central to if not co-extensive with “torts,” we will find that it consists of a motley collection of doctrines that are impossible to justify under any recognizable and attractive normative principles.

Keywords

tort, causation, counterfactual dependence, negligence, strict liability

Publication Title

Philosophical Foundations of the Law of Torts

Publication Citation

In PHILOSOPHICAL FOUNDATIONS OF THE LAW OF TORTS (John Oberdiek ed., Oxford 2014)

Repository Citation

Alexander, Larry and Ferzan, Kimberly Kessler, "Confused Culpability, Contrived Causation, and the Collapse of Tort Theory" (2014). All Faculty Scholarship. 2331.
https://scholarship.law.upenn.edu/faculty_scholarship/2331