What justifies tort law? Once we identify a domain that is central to if not co-extensive with “torts”, we will find that it consists of a motley collection of doctrines that are impossible to justify under any recognizable and attractive normative principles.
Alexander, Larry and Ferzan, Kimberly Kessler, Confused Culpability, Contrived Causation, and the Collapse of Tort Theory (April 2013). Philosophical Foundations of the Law of Torts (2014); San Diego Legal Studies Paper No. 13-114.