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.
tort, causation, counterfactual dependence, negligence, strict liability
Philosophical Foundations of the Law of Torts
Alexander, Larry and Ferzan, Kimberly Kessler, "Confused Culpability, Contrived Causation, and the Collapse of Tort Theory" (2014). Faculty Scholarship at Penn Law. 2331.