Category Archives: Civil Recourse

Linda Radzik, Review of Goldberg and Zipursky, Recognizing Wrongs

Goldberg, John CP, and Zipursky, Benjamin C, Recognizing Wrongs. Cambridge, MA: Harvard University Press, 2020. Pp 392. $45.00 (cloth). John Goldberg and Benjamin Zipursky have written together about tort law for more than two decades, defending a view known as civil recourse theory. In this excellent new book, they present a comprehensive and ambitious development […]

Louis Hensler, ‘Civil Reconciliation Tort Theory: Making Torts Private Again’

ABSTRACT This article is largely a reaction to civil recourse tort theory and an attempt to recapture a tort theory that is more thoroughly private. The competing civil recourse and corrective justice conceptions of tort law as private are near the heart of this article, hence its title. While corrective justice and civil recourse theories […]

Rebecca Stone, ‘The Circumstances of Civil Recourse’

ABSTRACT What circumstances create the need for an institution that conforms to civil recourse theory? I consider polities that vary in the extent to which they instantiate justice and argue that only a moderately non-ideal polity has a need for such an institution. When a polity gets close to the ideal, the polity needs institutions […]

Mark Geistfeld, ‘Tort Law and Civil Recourse’

ABSTRACT In Recognizing Wrongs (Harvard University Press 2020), Professors John Goldberg and Benjamin Zipursky defend their long-standing thesis that the primary purpose of tort law is to implement the principle of civil recourse, which ‘can be summarized as follows: A person who is the victim of a legal wrong is entitled to an avenue of […]

D Theodore Rave, ‘Tort Claims As Property Rights’

ABSTRACT Courts have long said that legal claims are a constitutionally protected form of property. But what does that mean? This essay explores the treatment of legal claims as property rights in the context of mass torts in doctrinal, theoretical, and economic terms. Corrective justice and civil recourse conceptions of tort law dictate that tort […]

Nicholas McBride, Review of Goldberg and Zipursky, Recognizing Wrongs

Goldberg, John CP and Zipursky, Benjamin C, Recognizing Wrongs, Cambridge, MA: Harvard University Press, 2020, 380 pp, hb £36.95. In the Preface to the first edition of his Unjust Enrichment (Oxford: Clarendon Press, 2003), Peter Birks observed that the book represented such a dramatic volte face that ‘Almost everything of mine now needs calling back […]

Just Published: Goldberg and Zipursky, Recognizing Wrongs

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is ‘Robin Hood’ law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims […]

Ahson Azmat, ‘Tort’s Indifference: Conformity, Compliance, and Civil Recourse’

ABSTRACT Leading accounts of tort law split cleanly into two seams. Some trace its foundations to a deontic form of morality; others to an instrumental, policy-oriented system of efficient loss allocation. An increasingly prominent alternative to both seams, Civil Recourse Theory (CRT) resists this binary by arguing that tort comprises a basic legal category, and […]

Ahson Azmat, ‘Tort’s Indifference: Conformity, Compliance, and Civil Recourse’

ABSTRACT Leading accounts of tort law split cleanly into two seams. Some trace its foundations to a deontic form of morality; others to an instrumental, policy-oriented system of efficient loss allocation. An increasingly prominent alternative to both seams, Civil Recourse Theory (CRT) resists this binary by arguing that tort comprises a basic legal category, and […]

Matthew Shapiro, ‘Civil Wrongs and Civil Procedure’

ABSTRACT Civil wrongs are conventionally redressed through civil litigation, which, in turn, is constituted and governed by ‘transsubstantive’ rules of civil procedure. What place, if any, should the general processes of civil litigation and rules of civil procedure have in a theory of private law organized around the concept of civil wrongs? In answering that […]