It is sometimes said that tort law provides for the vindication of individual rights — which raises the question of how tort law as thus understood should relate to criminal law, which is sometimes also said to be concerned with the vindication of rights. I discuss the differences between civil and criminal modes of vindication; the ways in which we might nonetheless blur the boundaries between the tort process and the criminal process; and the light that this can throw on the central core of criminal law
Viewed in a certain light, tort law serves primarily to give injury victims a means of imposing oner...
Torts as we can all define as a civil wrong or an injury that is independent of an implied contract....
I contrast two models of tort law: a cost-allocation model, and the ‘civil recourse’ mod...
It is sometimes said that tort law provides for the vindication of individual rights — which r...
This essay provides an overview of the crime/tort distinction. It first investigates some of the fun...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
What sense does it make to insist upon procedural safeguards in criminal prosecutions if anything wh...
The idea that criminal punishment carries a message of condemnation is as commonplace as could be. I...
From the introduction: The past few years have seen a great deal of controversy concerning the conti...
In Torts as Wrongs, Professors John Goldberg and Benjamin Zipursky discuss the connection between t...
The article briefly discusses the impossibility of a strict formalist or positivist approach to lega...
Primarily through tort law the courts compensate those injured by others. Secondary aspects of our w...
This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea th...
With its powerful account of the normative principles embodied in the structure and practice of the ...
This thesis seeks to justify on moral grounds the existence of tort systems. The argument is that co...
Viewed in a certain light, tort law serves primarily to give injury victims a means of imposing oner...
Torts as we can all define as a civil wrong or an injury that is independent of an implied contract....
I contrast two models of tort law: a cost-allocation model, and the ‘civil recourse’ mod...
It is sometimes said that tort law provides for the vindication of individual rights — which r...
This essay provides an overview of the crime/tort distinction. It first investigates some of the fun...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
What sense does it make to insist upon procedural safeguards in criminal prosecutions if anything wh...
The idea that criminal punishment carries a message of condemnation is as commonplace as could be. I...
From the introduction: The past few years have seen a great deal of controversy concerning the conti...
In Torts as Wrongs, Professors John Goldberg and Benjamin Zipursky discuss the connection between t...
The article briefly discusses the impossibility of a strict formalist or positivist approach to lega...
Primarily through tort law the courts compensate those injured by others. Secondary aspects of our w...
This paper is about how best to understand the notion of ‘public wrongs’ in the longstanding idea th...
With its powerful account of the normative principles embodied in the structure and practice of the ...
This thesis seeks to justify on moral grounds the existence of tort systems. The argument is that co...
Viewed in a certain light, tort law serves primarily to give injury victims a means of imposing oner...
Torts as we can all define as a civil wrong or an injury that is independent of an implied contract....
I contrast two models of tort law: a cost-allocation model, and the ‘civil recourse’ mod...