Philosophy 2080 Lecture Notes - Lecture 1: Legal Realism, Black Letter Law
13 Nov 2015
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Two conceptions of tort law ernest j. weinrib. Sketches a contrast between two conceptions of negligence tort law: in us, and canada/britain: america loss spreading: want tospread out the cost of injury as a cost of doing business, emphasis is not on fault/principle, emphasis is on defendant"s ability to pay, america wants to spread out the costs on society (ex: make everyone pay for insurance, make manufacturer an insurer for consumer, in america, the conceptual structure and adjudicatory framework of private law serve as vehicles for collective goals, american model is a tax on activity, canada / uk loss fixing: figuring out who"s fault it was and why more concerned with adherence to principle, maintains a conception of tort law that is private a realm of immediate relationships, insurance should have no impact or relevance in this determination.
