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Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
List of contents
- List of Contributors
- Introduction
- Paul B. Miller and John Oberdiek
- Part I. Civil Wrongs and the Foundations of Private Law
- Chapter 1. The Roles of Rights
- David Owens
- Chapter 2. Purely Formal Wrongs
- Liam B. Murphy
- Chapter 3. The Relevance of Wrongs
- Andrew S. Gold
- Chapter 4. The Remainder: Deserting Private Wrongs?
- Ori Herstein
- Part II. Rights, Wrongs, and Procedure
- Chapter 5. Civil Wrongs and Civil Procedure
- Matthew A. Shapiro
- Chapter 6. Losing the Right to Assert You've Been Wronged: A Study in Conceptual Chaos?
- Kimberly Kessler Ferzan
- Chapter 7. Blowing Hot and Cold: The Role of Estoppel
- Larissa Katz
- Part III. Civil Wrongs and Remedies
- Chapter 8. The Significance of a Civil Wrong
- Stephen A. Smith
- Chapter 9. Secondary Duties
- Victor Tadros
- Chapter 10. What Do We Remedy?
- Nicolas Cornell
- Chapter 11. Tort Remedies as Meaningful Responses to Wrongdoing
- María Guadalupe Martínez Alles
- Chapter 12. Don't Crash into Mick Jagger when he's Driving his Rolls Royce
- James E. Penner
- Part IV. Civil Wrongs in Tort Law
- Chapter 13. Joint-Carving in Deontic Tort
- Ahson Azmat
- Chapter 14. It's Something Personal: On the Relationality of Duty and Civil Wrongs
- John Oberdiek
- Chapter 15. Torts Against the State
- Paul B. Miller and Jeffrey A. Pojanowski
- Chapter 16. Is Modern Tort Law Private?
- Gregory C. Keating
- Chapter 17. Should Tort Law Demand the Impossible?
- Adam Slavny
- Part V. Civil Wrongs in Property Law
- Chapter 18. Property Wrongs and Egalitarian Relations
- Christopher Essert
- Chapter 19. Owning Bad: Leverage and Spite in Property Law
- Lee Fennell
- Part VI. Tort, Crime, and Contract
- Chapter 20. Tort Law, Expression, and Duplicative Wrongs
- Findlay Stark
- Chapter 21. Vosburg v. Baxendale: Recourse in Tort and Contract
- John C.P. Goldberg and Benjamin C. Zipursky
About the author
Paul B. Miller is Professor of Law, Associate Dean of International and Graduate Programs, and Director of the Program on Private Law at Notre Dame Law School.
John Oberdiek is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Institute for Law and Philosophy.
Summary
The notion of a civil wrong is one of the most fundamental concepts in private law. Without the concept of a civil wrong, areas of private law like tort law or property law would not be able to fulfil their aims. This volume brings together a wide variety of scholars who have written original papers exploring the centrally important notion of a civil wrong.
