Murphy, John Roger (2019) The Heterogeneity of Tort Law. Oxford Journal of Legal Studies, 39 (3). pp. 455-482. ISSN 0143-6503
heterogeneous_torts.pdf - Accepted Version
Available under License Creative Commons Attribution-NonCommercial.
Download (361kB)
Abstract
This article tests the plausibility of several leading, explanatory theories of tort by reference to the fact that tort law possesses neither the juridical nor the structural unity that the relevant theories ascribe to it. It considers a wide range of tort actions that reveal a much more heterogeneous body of law than any of the targeted theorists admit exists. It concludes that, taken together, tort law’s varying liability bases, its departures from the requirement of a rights infringement, its structural variations and its remedial diversity combine to belie the various reductionist claims the theorists in question make.