Optimizing the Societal Value of Tort Law by Meeting Justice Needs of All Stakeholders: Towards Restorative Tort Law

With their traditional focus on financial compensation, tort law systems worldwide struggle with the adverse effects the claims resolution process can have on victims of personal injury. It has therefore been argued that tort law systems should be more emotionally intelligent and more mindful of the non-financial needs of victims. In this debate, the perspective of the wrongdoer has been largely neglected. Drawing from empirical research on the personal experiences of wrongdoers in the Dutch personal injury practice and building on theories of procedural and restorative justice, this contribution argues that, to optimize the societal value of tort law systems, attention should be paid to the wrongdoer’s perspective. A tort law system that lacks sufficient opportunity for wrongdoers to personally make amends is deficient both in terms of morality and justice, as it deprives both victims and wrongdoers of a chance at emotional and moral recovery from the injurious event. We therefore believe this represents a shared future for all of us: towards restorative tort law.