ISBN : 9780190865269
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.
List of Contributors
Paul B. Miller & John Oberdiek
Part I. Civil Wrongs and the Foundations of Private Law
Chapter 1. The Roles of Rights
Chapter 2. Purely Formal Wrongs
Liam B. Murphy
Chapter 3. The Relevance of Wrongs
Andrew S. Gold
Chapter 4. The Remainder: Deserting Private Wrongs?
Part II. Rights, Wrongs, and Procedure
Chapter 5. Civil Wrongs and Civil Procedure
Matthew A. Shapiro
Chapter 6. Losing the Right to Assert You've Been Wronged: A Study in Conceptual Chaos?
Kimberly Kessler Ferzan
Chapter 7. Blowing Hot and Cold: The Role of Estoppel
Part III. Civil Wrongs and Remedies
Chapter 8. The Significance of a Civil Wrong
Stephen A. Smith
Chapter 9. Secondary Duties
Chapter 10. What Do We Remedy?
Chapter 11. Tort Remedies as Meaningful Responses to Wrongdoing
Maria Guadalupe Martinez Alles
Chapter 12. Don't Crash into Mick Jagger when he's Driving his Rolls Royce
James E. Penner
Part IV. Civil Wrongs in Tort Law
Chapter 13. Joint-Carving in Deontic Tort
Chapter 14. It's Something Personal: On the Relationality of Duty and Civil Wrongs
Chapter 15. Torts Against the State
Paul B. Miller & Jeffrey A. Pojanowski
Chapter 16. Is Modern Tort Law Private?
Gregory C. Keating
Chapter 17. Should Tort Law Demand the Impossible?
Part V. Civil Wrongs in Property Law
Chapter 18. Property Wrongs and Egalitarian Relations
Chapter 19. Owning Bad: Leverage and Spite in Property Law
Part VI. Tort, Crime, and Contract
Chapter 20. Tort Law, Expression, and Duplicative Wrongs
Chapter 21. Vosburg v. Baxendale: Recourse in Tort and Contract
John C.P. Goldberg & Benjamin C. Zipursky