The Independence of Tort Law

Abstract This paper seeks to identify a structural gap between the principle of freedom as independence and the law of torts in the common law tradition. Contrary to influential arguments made by contemporary proponents of this principle, I argue that independence can neither illuminate nor justify core areas of tort law. This shortcoming has broader implications for the larger question of what difference—that is, distinctive difference—tort law makes in moral space.

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Publication Details

Journal
Law and Philosophy
Published
2025-10-04
DOI
https://doi.org/10.1007/s10982-025-09540-9
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
0.00
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article

The Independence of Tort Law

Avihay Dorfman
Law and Philosophy
Legal principles and applications
article

The Independence of Tort Law

Avihay Dorfman
article en

Abstract

Abstract This paper seeks to identify a structural gap between the principle of freedom as independence and the law of torts in the common law tradition. Contrary to influential arguments made by contemporary proponents of this principle, I argue that independence can neither illuminate nor justify core areas of tort law. This shortcoming has broader implications for the larger question of what difference—that is, distinctive difference—tort law makes in moral space.

Law and PhilosophyVol. 44(6)
Tel Aviv University (IL), The University of Texas at Austin (US)
Openalex Percentile: Top 58%
Legal principles and applications
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