Private Law Theory

“Funny what passes for ‘modern’. It was around 1967 that the phrase ‘cheapest cost avoider’ first appeared in the work of then-Professor Guido Calabresi. Yet we learn from our friend Professor Catherine Sharkey that this half-century-old idea remains so completely ‘ascendant’ that our book’s sustained effort to articulate a distinctive conception of tort law has essentially no practical value. For the practice of ‘modern’ tort law, she insists, really the only important question is how best to implement Calabresi’s principle …” (more)

‘Thoroughly Modern Tort Theory’ (response by Benjamin C Zipursky and John CP Goldberg) 134 Harvard Law Review Forum 184 (February 20, 2021).

First posted 2021-02-21 09:30:29