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    Rights statement: 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, https://doi.org/10.1093/ojls/gqz008 is available online at: https://academic.oup.com/ojls/article/39/3/455/5479993

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The Heterogeneity of Tort Law

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Published
<mark>Journal publication date</mark>30/09/2019
<mark>Journal</mark>Oxford Journal of Legal Studies
Issue number3
Volume39
Number of pages28
Pages (from-to)455-482
Publication StatusPublished
Early online date25/04/19
<mark>Original language</mark>English

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.

Bibliographic note

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, https://doi.org/10.1093/ojls/gqz008 is available online at: https://academic.oup.com/ojls/article/39/3/455/5479993