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AbstractContemporary tort theory is a contest between instrumentalism and formalism. The prominence of instrumentalism is no surprise. American tort theory was born in the work of Oliver Wendell Holmes and his views were resolutely, if elusively, instrumentalist. Until very recently, economic...
AbstractModern corrective justice theorists of tort law remain critical of the Anglo-American common law doctrine that allows a plaintiff to be awarded damages beyond compensation, and for the distinct purpose of punishing a defendant in a civil tort action. From the corrective justice...
AbstractSuppose a legal rule makes it negligent to have a loaded gun out in the open in a place of business. Should a defendant who violated this rule by using a loaded gun as a paperweight be liable for his client’s broken toes when the gun falls onto her foot? Problems manifesting this basic...
AbstractChancy causation is where the cause of an event can only be attributed probabilistically. Contrary to the understanding popular in legal theory, scientific fact plays only a minimal role in chancy causation cases. As a matter of metaphysics, factual inquiry can only determine whether an...
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