Theories of the Common Law of Torts

Authors

Jules Coleman
Scott Hershovitz, University of Michigan Law SchoolFollow
Gabriel Mendlow, University of Michigan Law SchoolFollow

Document Type

Book Chapter

Publication Date

2015

Abstract

Tort is a branch of private law. The other main branches are contract, property, and restitution (sometimes known as unjust enrichment).

Section 1 offers a brief overview of tort law and tort theory. Section 2 discusses economic analysis, which is the historically dominant tort theory and the primary foil for philosophical perspectives on tort law. Section 3 discusses the most influential non-economic tort theories, theories that emphasize such normative concepts as justice, rights, and duties.

Publication Information & Recommended Citation

Coleman, Jules, Scott Hershovitz, and Gabriel Mendlow. "Theories of the Common Law of Torts." In The Stanford Encyclopedia of Philosophy. Winter 2015 ed. Stanford, CA: Metaphysics Research Lab, Stanford University, 2015.