PHILOS 2Q03 Chapter Notes - Chapter Weinrib: Instrumentalism
1 Apr 2018
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Weinrib on the nature of tort law: the instrumentalist predicament: Nowhere is the need for theoretical clarity more urgent than in tort law. The old controversy about whether tort law should be abolished has continued. Tort law itself has undergone a remarkable expansion. The economic analysis: rests on flawed normative foundations, the most developed form of the instrumentalism predicament. Weinrib"s proposal: to anchor tort law not in prior / independent goals but in the. It deals with a particular body of law that is the object of our specific effort. This is a very complex question and consists of many processes to theorize it. This is basically the questions we are trying to address through theorization of tort law. An inquiry into tort law = a visit to the familiar landmarks of the legal world. The point of departure for theorizing about tort law = experience: we can only understand that which is familiar to us.
