文档介绍：The University of Chicago
The University of Chicago Law School
The Concept of Corrective Justice in Recent Theories of Tort Law
Author(s): Richard A. Posner
Source: The Journal of Legal Studies, Vol. 10, No. 1 (Jan., 1981), pp. 187-206
Published by: The University of Chicago Press for The University of Chicago Law School
Stable URL: ble/724231 .
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THE CONCEPT OF CORRECTIVE JUSTICE
IN RECENT THEORIES
OF TORT LAW
RICHARD A. POSNER*
FOR the last 100 years, which is to say since the publication of Holmes's
mon Law,1 most tort scholars have thought that tort doctrines
were, and should be, based on utilitarian (or, more recently, economic)
This was the view of Holmes, of Ames, and of Terry; of the
draftsmen of the first and second Restatement of Torts; and of the legal
realists who thought the focus of tort law should be on loss spreading
rather than on assessment of It is also the view of economic
analysts of tort law such as Guido Calabresi and myself. Writing in 1972
about tort scholarship, e Fletcher declared that "the fashionable
questions of the time are instrumentalist: What social value d