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<p>This paper seeks to identify a structural gap between the principle of freedom as independence and the law of torts in the common law tradition. Contrary to influential arguments made by contemporary proponents of this principle, I argue that independence can neither illuminate nor justify core areas of tort law. This shortcoming has broader implications for the larger question of what difference—that is, distinctive difference—tort law makes in moral space.</p>

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The Independence of Tort Law

  • 期刊论文

  • 出版模式：

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  • 发表日期：

    2025年10月4日

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  • Avihay Dorfman

摘要

This paper seeks to identify a structural gap between the principle of freedom as independence and the law of torts in the common law tradition. Contrary to influential arguments made by contemporary proponents of this principle, I argue that independence can neither illuminate nor justify core areas of tort law. This shortcoming has broader implications for the larger question of what difference—that is, distinctive difference—tort law makes in moral space.