The Public Right and Wrongs: Tort Theory and the Problem of Public Nuisance
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Anthony J. Sebok
Abstract
Tort theory over the past two decades has been characterized by a fruitful dialectic between two models. Instrumentalism, especially, in its deterrence mode, has been promoted by a wide coalition of scholars and jurists. In response, various critics of instrumentalism have argued for the autonomy of tort law, first under the umbrella of corrective justice and later under civil recourse. The success of civil recourse depends in part on its ability to explain emerging areas of focus in tort law. One such area is public nuisance, which, despite some setbacks, is viewed by the plaintiffs bar, state actors, and some members of the academy as an effective tool to address significant social problems, such as the opioid crisis. This article asks whether, and how, civil recourse theory can accommodate modern public nuisance law.
© 2021 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Editor’s Introduction
- Symposium Issue: The State of Tort Theory
- Research Articles
- The Inward Turn and the Future of Tort Theory
- Q: What is Tort? A: Categorical Hurt
- Tort Common Law Future: Preventing Harm and Providing Redress to the Uncounted Injured
- Social Justice Tort Theory
- Tort Theory and Restatements: Of Immanence and Lizard Lips
- From Liability Shields to Democratic Theory: What We Need from Tort Theory Now
- Strict Products Liability 2.0: The Triumph of Judicial Reasoning Over Mainstream Tort Theory
- Tort Theory, Private Attorneys General, and State Action: From Mass Torts to Texas S.B. 8
- Instrumental Comparative Tort Law
- The Public Right and Wrongs: Tort Theory and the Problem of Public Nuisance
- Justifying and Categorizing Tort Doctrines: What is the Optimal Level of Generality?
Articles in the same Issue
- Frontmatter
- Editor’s Introduction
- Symposium Issue: The State of Tort Theory
- Research Articles
- The Inward Turn and the Future of Tort Theory
- Q: What is Tort? A: Categorical Hurt
- Tort Common Law Future: Preventing Harm and Providing Redress to the Uncounted Injured
- Social Justice Tort Theory
- Tort Theory and Restatements: Of Immanence and Lizard Lips
- From Liability Shields to Democratic Theory: What We Need from Tort Theory Now
- Strict Products Liability 2.0: The Triumph of Judicial Reasoning Over Mainstream Tort Theory
- Tort Theory, Private Attorneys General, and State Action: From Mass Torts to Texas S.B. 8
- Instrumental Comparative Tort Law
- The Public Right and Wrongs: Tort Theory and the Problem of Public Nuisance
- Justifying and Categorizing Tort Doctrines: What is the Optimal Level of Generality?
