Gregory C Keating, Reasonableness and Risk: Right and Responsibility in the Law of Torts (2022). In discussing tort theory, Professor Gregory Keating sometimes refers to a ‘third way’. By this, I take him to mean an approach to tort theory different than, and drawing from, the two major ways of explaining and/or justifying tort law. For decades, those dominant approaches were law and economics efficiency and corrective justice, though I suspect civil recourse theory has now supplanted corrective justice as the primary ‘rights-based’ theory. Keating’s own version of a third way emerges in the course of reading his excellent book, which builds on his previous scholarship … (more)
[Christopher J Robinette, JOTWELL, 1 August 2024]
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