Tort Liability for Breach of Statute: A Natural Rights Perspective

Law and Philosophy 2 (1):89 - 117 (1983)
Abstract
This essay applies Hegel's theory of remedies to the question of whether and when breach of a penal statute should attract civil liability in tort. For Hegel, the purpose of a remedy is to vindicate the human right to self-determination by refuting the claim to validity implied in intentional or negligent acts that infringe this right. Accordingly, in determining the civil effect of legislation, a distinction must be made between statutes that effectuate pre-existing rights and those which create new rights in the attempt to maximize aggregate welfare. The former should confer a civil right of action, the latter should not. Statutes that impose a duty of affirmative action should be enforced civilly if their purpose is to protect individual autonomy in circumstances where one person has gained control over the welfare of another. And statutes that protect persons from exposure to unreasonable risk should confer a civil right of action provided that the conditions of ordinary negligence liability are met. These conditions ought to supplant those connected with the legislative intent theory of statutory torts.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.2307/3504651
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,781
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Liability for Failing to Rescue.Theodore M. Benditt - 1982 - Law and Philosophy 1 (3):391 - 418.
Tort Liability in the United States and Its Threat to Class Action Justice.Barbara LaBossiere - 2008 - Philosophy in the Contemporary World 15 (1):112-124.
Philosophical Foundations of Tort Law.David G. Owen (ed.) - 1995 - Oxford University Press.
Philosophical Issues in Tort Law.John Oberdiek - 2008 - Philosophy Compass 3 (4):734-748.
Mass Torts and Moral Principles.Alan Strudler - 1992 - Law and Philosophy 11 (4):297 - 330.
The Basis of Moral Liability to Defensive Killing.Jeff McMahan - 2005 - Philosophical Issues 15 (1):386–405.
Added to PP index
2011-05-29

Total downloads
5 ( #615,985 of 2,199,707 )

Recent downloads (6 months)
1 ( #300,206 of 2,199,707 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature