Description
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Table of Contents
List of ContributorsIntroductionPaul B. Miller & John OberdiekPart I. Civil Wrongs and the Foundations of Private LawChapter 1. The Roles of RightsDavid OwensChapter 2. Purely Formal WrongsLiam B. MurphyChapter 3. The Relevance of WrongsAndrew S. GoldChapter 4. The Remainder: Deserting Private Wrongs?Ori HersteinPart II. Rights, Wrongs, and ProcedureChapter 5. Civil Wrongs and Civil ProcedureMatthew A. ShapiroChapter 6. Losing the Right to Assert You've Been Wronged: A Study in Conceptual Chaos?Kimberly Kessler FerzanChapter 7. Blowing Hot and Cold: The Role of EstoppelLarissa KatzPart III. Civil Wrongs and RemediesChapter 8. The Significance of a Civil WrongStephen A. SmithChapter 9. Secondary DutiesVictor TadrosChapter 10. What Do We Remedy?Nicolas CornellChapter 11. Tort Remedies as Meaningful Responses to WrongdoingMaría Guadalupe Martínez AllesChapter 12. Don't Crash into Mick Jagger when he's Driving his Rolls RoyceJames E. PennerPart IV. Civil Wrongs in Tort LawChapter 13. Joint-Carving in Deontic TortAhson AzmatChapter 14. It's Something Personal: On the Relationality of Duty and Civil WrongsJohn OberdiekChapter 15. Torts Against the StatePaul B. Miller & Jeffrey A. PojanowskiChapter 16. Is Modern Tort Law Private?Gregory C. KeatingChapter 17. Should Tort Law Demand the Impossible?Adam SlavnyPart V. Civil Wrongs in Property LawChapter 18. Property Wrongs and Egalitarian RelationsChristopher EssertChapter 19. Owning Bad: Leverage and Spite in Property LawLee FennellPart VI. Tort, Crime, and ContractChapter 20. Tort Law, Expression, and Duplicative WrongsFindlay StarkChapter 21. Vosburg v. Baxendale: Recourse in Tort and ContractJohn C.P. Goldberg & Benjamin C. Zipursky
