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Title: Repairing Harms and Answering for Wrongs
Author(s): Duff, R A
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Editor(s): Oberdiek, J
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.
Keywords: tort law
criminal law
cost allocation
civil recourse
Goldberg and Zipursky
Issue Date: 2014
Date Deposited: 8-Jul-2015
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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