Torts, Crimes and Vindication: Whose Wrong is it?

Citation

Duff RA (2014) Torts, Crimes and Vindication: Whose Wrong is it?. In: Dyson M (ed.) Unravelling Tort and Crime. Cambridge: Cambridge University Press, pp. 146-173. http://www.cambridge.org/gb/academic/subjects/law/private-law/unravelling-tort-and-crime

Abstract
It is sometimes said that tort law provides for the vindication of individual rights — which raises the question of how tort law as thus understood should relate to criminal law, which is sometimes also said to be concerned with the vindication of rights. I discuss the differences between civil and criminal modes of vindication; the ways in which we might nonetheless blur the boundaries between the tort process and the criminal process; and the light that this can throw on the central core of criminal law.

Keywords
tort law; criminal law; vindication

People

Professor Antony Duff

Emeritus Professor, Philosophy