Work

The Independence of Tort Law

Year: 2025

Type: article

Abstract: This paper seeks to identify a structural gap between the principle of freedom as independence and the law of torts in the common law tradition. Contrary to influential arguments made by contemporary proponents of this principle, I argue that independence can neither illuminate nor justify core areas of tort law. This shortcoming has broader implications for the larger question of what difference—that is, distinctive difference—tort law makes in moral space.

Source: Law and Philosophy

DOI: 10.1007/s10982-025-09540-9

Author: Avihay Dorfman

Institutions: Tel Aviv University, The University of Texas at Austin

Language: English

Topic: Legal principles and applications

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,090