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.
Authors
- Avihay Dorfman (ORCID: https://orcid.org/0000-0002-3370-7489)
Institutions
- Tel Aviv University (IL)
- The University of Texas at Austin (US)
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