Cover: Recognizing Wrongs, from Harvard University PressCover: Recognizing Wrongs in HARDCOVER

Recognizing Wrongs

Add to Cart

Product Details

HARDCOVER

$45.00 • £36.95 • €40.50

ISBN 9780674241701

Publication Date: 02/04/2020

Text

392 pages

6-1/8 x 9-1/4 inches

Belknap Press

World

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory.

Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly.

Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity.

Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

Recent News

Black lives matter. Black voices matter. A statement from HUP »

From Our Blog

Jacket: An Inquiry into Modes of Existence: An Anthropology of the Moderns, by Bruno Latour, translated by Catherine Porter, from Harvard University Press

Honoring Latour

In awarding Bruno Latour the 2021 Kyoto Prize for Arts and Philosophy, the Inamori Foundation said he has “revolutionized the conventional view of science” and “his philosophy re-examines ‘modernity’ based on the dualism of nature and society.” Below is an excerpt from An Inquiry into Modes of Existence: An Anthropology of the Moderns. For more than twenty years, scientific and technological controversies have proliferated in number and scope, eventually reaching the climate itself. Since geologists are beginning to use the term “Anthropocene” to designate the era of Earth’s history that follows the Holocene