Relational wrongs and agency in Tort theory

Sage, Nicholas W. ORCID: 0000-0001-9739-7371 (2021) Relational wrongs and agency in Tort theory. Oxford Journal of Legal Studies, 41 (4). 1012 - 1039. ISSN 0143-6503

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Abstract

Some of those theorists who believe tort law consists of relational wrongs also believe, under the influence of Kant’s legal philosophy, that tort law is concerned for the agency of the two parties to a wrongful interaction. I argue that these theorists should discard their agency framework. It distorts our view of tort doctrine and does not really fit the law’s relational structure. We can reach a better understanding just by pursuing the idea that torts are relational wrongs. I try to diagnose and suggest cures for the intellectual tendencies that lead Kantian theorists away from this approach.

Item Type:	Article
Official URL:	https://academic.oup.com/ojls
Additional Information:	© 2021 The Author
Divisions:	Law
Subjects:	K Law > K Law (General)
Date Deposited:	21 Apr 2021 08:51
Last Modified:	16 Nov 2024 03:30
URI:	http://eprints.lse.ac.uk/id/eprint/110166

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