Torts and Other Wrongs

It is hard to think of any contemporary writers who have done more than John Goldberg and Ben Zipursky to reassert and reinvigorate what might be called the classical interpretation of the common law of torts. I, for one, am greatly in their debt. They have taught me a great deal, not only about torts but also about how to combine legal argument felicitously with philosophical insight and historical scholarship. Like them, and partly because of them, I believe that the classical interpretation is the correct one. Other familiar ways of explaining what is going on in the common law of torts, while often illuminating in their own ways, are parasitic. They rely on the classical interpretation, often surreptitiously, for their appeal or even their intelligibility
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R. A. Duff (2014). Towards a Modest Legal Moralism. Criminal Law and Philosophy 8 (1):217-235.

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