‘False Necessity and the Political Morality of Tort Law’

Sandy Steel, On the Moral Necessity of Tort Law: The Fairness Argument, 41 Oxford Journal of Legal Studies 192 (2021). The language of private law is the language of rights, duties, and obligations. There is a long tradition of thought that interprets that language as the reflection of private law’s foundations, and that therefore reads judicial and legal discourse about private rights as the reflection of deeper, pre-legal rights that private law institutions recognize and enforce. This leap from private law discourse to private law’s foundations must be somehow explained. There must be some reason that explains, in other words, the connection between the rights and obligations that private lawyers talk about and our moral rights and obligations … (more)

[Felipe Jiménez, JOTWELL, 15 October]

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