|Appears in Collections:||Law and Philosophy Book Chapters and Sections|
|Title:||Repairing Harms and Answering for Wrongs|
|Author(s):||Duff, R A|
|Citation:||Duff RA (2014) Repairing Harms and Answering for Wrongs. In: Oberdiek J (ed.). Philosophical Foundations of the Law of Torts. Philosophical Foundations of Law, Oxford: Oxford University Press, pp. 212-230.|
Goldberg and Zipursky
|Series/Report no.:||Philosophical Foundations of Law|
|Abstract:||I contrast two models of tort law: a cost-allocation model, and the ‘civil recourse’ model offered by Golberg and Zipursky. The former makes it possible to draw a clear distinction between tort law and criminal law, and explains some of the differentiating features. The latter deals plausibly with kinds of cases that the cost-allocation model cannot accommodate: but it does so by bringing tort law much closer to criminal law, and thus raises several questions about the proper relationship between them.|
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