Duff RA (2014) Repairing Harms and Answering for Wrongs. In: Oberdiek J (ed.) Philosophical Foundations of the Law of Torts. Philosophical Foundations of Law. Oxford: Oxford University Press, pp. 212-230. http://ukcatalogue.oup.com/product/9780198701385.do
I contrast two models of tort law: a cost-allocation model, and the ‘civil recourse’ model offered by Golberg and Zipursky. The former makes it possible to draw a clear distinction between tort law and criminal law, and explains some of the differentiating features. The latter deals plausibly with kinds of cases that the cost-allocation model cannot accommodate: but it does so by bringing tort law much closer to criminal law, and thus raises several questions about the proper relationship between them.
tort law; criminal law; cost allocation; civil recourse; Goldberg and Zipursky