Title

Theories of the Common Law of Torts

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.

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