Theories of the Common Law of Torts
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.