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Against Harm: Keating on the Soul of Tort Law
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Jeffrey S. Helmreich
Published/Copyright:
May 23, 2024
Abstract
An orthodox view of tort law sees it as primarily a means of assigning costs -- for economic reasons, on some views, or for moral reasons, on others. Gregory Keating compellingly challenges this orthodoxy, showing how tort is essentially a matter of setting prospective norms designed to protect rational agents from wrongful harms, to which it attaches special negative significance. Here I discuss two areas that may raise complications for this account -- strict liability and the tortious infliction of pain -- and propose a reconciliation.
Published Online: 2024-05-23
Published in Print: 2024-03-25
© 2024 Walter de Gruyter GmbH, Berlin/Boston
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Articles in the same Issue
- Frontmatter
- Articles
- The Offensiveness Torts
- Against Harm: Keating on the Soul of Tort Law
- Situating Tort Law Within a Web of Institutions: Insights for the Age of Artificial Intelligence
- An Alternative to the Basic Causal Requirement for Liability Under the Negligence Rule
Articles in the same Issue
- Frontmatter
- Articles
- The Offensiveness Torts
- Against Harm: Keating on the Soul of Tort Law
- Situating Tort Law Within a Web of Institutions: Insights for the Age of Artificial Intelligence
- An Alternative to the Basic Causal Requirement for Liability Under the Negligence Rule
