JOURNAL: Standford Law Review
AUTHOR: Scott Hershovitz
SUMMARY: Economists argue that tort law promotes an efficient allocation of resources to safety, while philosophers contend that it dispenses corrective justice. Despite the divide, the leading tort theories share something in common: they are grounded in an unduly narrow view of tort. Both economists and philosophers confuse the institution of tort law with the rules that are distinctive of it. They offer theories of tort’s substantive rules, but for the most part ignore the procedures by which those rules are implemented. As a consequence, both miss and misconstrue much about tort law.
CULTURAL REFERENCE: Harry Potter is a series of seven fantasy novels written by the British author J. K. Rowling. The series, named after the titular character, chronicles the adventures of a young wizard, Harry Potter, and his friends Ronald Weasley and Hermione Granger, all of whom are students at Hogwarts School of Witchcraft and Wizardry.
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