The Heterogeneity of Tort Law

Murphy, John Roger (2019) The Heterogeneity of Tort Law. Oxford Journal of Legal Studies, 39 (3). pp. 455-482. ISSN 0143-6503

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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.

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Journal Article
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Oxford Journal of Legal Studies
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This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Oxford Journal of Legal Studies following peer review. The definitive publisher-authenticated version John Murphy, The Heterogeneity of Tort Law, Oxford Journal of Legal Studies, Volume 39, Issue 3, Autumn 2019, Pages 455–482, is available online at:
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07 Feb 2019 11:15
Last Modified:
17 Sep 2023 02:29