Reasonableness and Risk: Right and Responsibility in the Law of Torts

The law of torts is concerned with obligations not to interfere with or impair each other's urgent interests in civil society. It treats tort liability rules as shadow prices, not to vindicate claimants' rights, but to induce economic efficiency. The book argues that tort law's primary obligations address a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility. It also examines the regulatory and administrative institutions with which the common law of torts cooperates and competes.

Format: Hardback
Length: 352 pages
Publication date: 08 February 2023
Publisher: Oxford University Press Inc

The realm of tort law delves into the intricate web of obligations that govern our interactions within civil society. It explores the delicate balance between our interests and the interests of others, seeking to ensure that we can pursue our lives without interference or impairment. At the forefront of contemporary tort law analysis is the concept of tort liability rules as shadow prices. These rules serve a distinct purpose, rather than solely vindicating the rights and interests of claimants. Instead, they operate as economic incentives, guiding us towards injuring others only when it is economically efficient to do so.

While the economic view holds sway as the dominant perspective, there are other contenders who argue that tort law's significance lies primarily in the duties of repair it imposes on wrongdoers and the powers of recourse it confers on the victims of tortious wrongs. This book takes a different stance, asserting that tort law's primary obligations revolve around a domain of fundamental justice. The rhetoric of reasonableness that permeates tort law implies a distinctive morality of mutual right and responsibility.

In the modern world, tort law is particularly concerned with the moral significance of harm. It recognizes that harm can have profound effects on individuals and communities, transcending mere economic considerations. Sometimes, the special moral significance of harm justifies the adoption of precautionary standards that exceed the efficiency-driven norms. This book delves into these nuances, examining how the special moral significance of harm influences the development of tort law standards and the application of precautionary principles.

Furthermore, this book explores the regulatory and administrative institutions that interact with tort law, recognizing them as integral components of a broader continuum of institutions that aim to protect our physical integrity and other essential interests from impairment and interference by others. It examines how these institutions cooperate and compete with tort law, shaping its development and implementation. By treating these institutions as part of a continuum, the book highlights the primary role pursued by tort law: to safeguard our interests and ensure that we are treated justly and fairly in the face of harm.

In conclusion, tort law is a complex and multifaceted field that plays a vital role in shaping our interactions within civil society. It goes beyond mere economic considerations, addressing the moral significance of harm and the duties of repair and recourse that it imposes on wrongdoers and victims. Through its rhetoric of reasonableness and its commitment to fundamental justice, tort law seeks to protect our interests and ensure that we are treated with respect and dignity. As we navigate the complexities of modern life, it is essential to have a robust tort law framework in place to safeguard our rights and interests and promote a just and equitable society.

Dimension: 235 x 156 (mm)
ISBN-13: 9780190867942