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Essay / Research Paper Abstract
This 3 page paper is a reaction to the essay by Jules Coleman on Tort Law and Tort Theory. It argues that Coleman’s essay is difficult for a layman to grasp because his arguments are super-subtle and not expressed well. Bibliography lists 1 source.
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3 pages (~225 words per page)
File: D0_HVTrtLaw.rtf
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damages. These are civil, not criminal cases. This paper is a reaction to the reading "Tort Law and Tort Theory" by Jules Coleman. Discussion Tort law is one area of
the law that seems to be fairly well understood: if a person causes harm to another, tort law provides a means for the injured party to recover. It is Colemans
object in his essay to prove that our idea of tort law is "best explained by appeal to a principle of corrective justice," and that the principle of corrective justice
"that forms the core of the account presented here states that individuals who are responsible for the wrongful losses of others have a duty to repair the losses" (Coleman, p.
540). [Emphasis in original]. However, he wants to go further in his analysis. He describes tort law as what he calls a "top down" system in which its necessary to
first determine what justice requires "when one person injures or harms another," and then to find a means to produce that concept of justice (Coleman, p. 540). The justice arrived
at in this fashion, he insists, may be independent of either party, and represents the current mode of legal thought, but one with which he does not agree. Coleman then
presents his analysis, which to a non-legal person sounds like hair-splitting. He says that his analysis contains three claims: 1) The content of corrective justice is given in
part by the institution of tort law; What corrective justice requires depends on the practices of corrective justice, including tort law. (2) In the absence of practices of corrective justice,
there can be no moral duties of corrective justice. (3) The justification of corrective justice depends in part on seeing its attractiveness in the institutions that express or articulate it
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