‘What Tort Law Is’

Gregory C. Keating, Is Tort Law ‘Private’?, in Civil Wrongs and Justice in Private Law (Paul B Miller and John Oberdiek, eds) (forthcoming Oxford University Press), available at SSRN. Tort law is no stranger to controversy. What duty does an employer owe to children sickened by workplace carcinogens brought home on parents’ clothing? What damages appropriately punish actors for willful and malicious conduct, or for non-economic harm? How far should liability extend when actors make dangerous products available to others who, in turn, choose to use or abuse them? But all of these freighted disputes pale in comparison to the larger question – what is tort law, or perhaps, what is tort law for? Although the questions seem intractable, Greg Keating’s recent article, ‘Is Tort Law “Private”?’, methodically guides readers through the theoretical claims … (more)

[Ellen Bublick, JOTWELL, 15 October]

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