Torts of necessity: A moral theory of compensation [Book Review]

Law and Philosophy 9 (3):223 - 239 (1990)
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Abstract

Tort cases in which an actor justifiably takes or damages the property of another have resisted analysis in terms of fault or economic efficiency. I argue that writers such as Jules Coleman and Judith Thomson, who locate the wrongfulness of the necessity torts in the infringement of a property right, have not illuminated the issue of why compensation is owed in these cases. My positive argument locates the wrongfulness of an uncompensated taking in these cases in the actor's interference with the autonomy of the property owner, and justifies compensation as a matter of corrective justice

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