Tort law (functions)
DOI:
https://doi.org/10.20318/eunomia.2022.6818Keywords:
Tort law, functions, compensation, deterrence, prevention, secondary costs reduction, distributive justice, sanction, interpersonal justiceAbstract
In this essay, I analyze the functions most frequently attributed to tort law. I claim that implementing interpersonal justice is its only distinctive function. The rest of the functions can be satisfied by other institutions with equal or greater success than tort law. Finally, I try to show that some functions, without being distinctive, are necessary, in the sense that once a system of tort law is in place, they are unfailingly fulfilled.
Downloads
Downloads
Published
Issue
Section
License
Eunomía. Revista en Cultura de la Legalidad is a duly registered journal, with EISSN 2253-6655.
The articles published in Eunomía are –unless indicated otherwise– under a Creative Commons Attribution-No Derivative Works 3.0 Spain license. You can copy, distribute and communicate them publicly as long as you cite their author and the journal and institution that publishes them and do not make derivative works with them. The full license can be consulted at: http://creativecommons.org/licenses/by-nd/3.0/es/deed.es