Boaz Segal, ‘Utilizing Tort Law to Deter Misconduct in the Public Sector’

ABSTRACT
This article analyzes tort law’s ability to effectively guide the actions of public officials and agencies and proposes separating tort judgments into two components: the imposition of accountability and the imposition of liability. This separation leads, in turn, to the conclusion that it is sufficient to impose accountability – and to label the public official and agency negligent – in order to effectively guide their conduct. An important perspective is thereby added to the discourse on the deterrent power of tort law. To date, tort law discourse has been largely dominated by the paradigm of the economic analysis of law, thereby focusing on the financial sanction component and ignoring to some extent the imposition of accountability …

Segal, Boaz, Utilizing Tort Law to Deter Misconduct in the Public Sector, Seattle Journal for Social Justice: volume 19: issue 1, article 12 (2020).

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