New Philosophical Foundations of Tort Law?

Research output: Contribution to journalBook/Arts/Article review


In this critical piece I take stock of current understandings of five basic distinctions in the theoretical study of tort law: First, a meta-theoretical distinction between the law’s self-presentation and a commitment to epiphenomenalism; second, between the formal and the substantive theory of the morality of tort law; third, between corrective and distributive justice; fourth, between ideal and non-ideal tort theory; and finally, between culpability and justice (or equality).


  • torts
  • justice
  • economic analysis
  • tort theory


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