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
Accepted author manuscript, 353 KB, PDF document
Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License
Final published version
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
TY - JOUR
T1 - The Heterogeneity of Tort Law
AU - Murphy, John Roger
N1 - 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
PY - 2019/9/30
Y1 - 2019/9/30
N2 - 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.
AB - 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.
U2 - 10.1093/ojls/gqz008
DO - 10.1093/ojls/gqz008
M3 - Journal article
VL - 39
SP - 455
EP - 482
JO - Oxford Journal of Legal Studies
JF - Oxford Journal of Legal Studies
SN - 0143-6503
IS - 3
ER -