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- Title
AN IDEAL OF RESILIENCE AND THE LAW OF TORTS.
- Authors
Encarnacion, Erik
- Abstract
This article explores the concept of resilience and its application in the law of torts. It suggests that individuals who have experienced harm should strive to make themselves better off than before the harm occurred. The author argues that this ideal of resilience can be incorporated into tort law's remedial practices, such as compensatory and punitive damages. The article emphasizes the importance of resilience in responding to setbacks and wrongdoing, highlighting the experiences of individuals who have shown resilience in the face of tragedy and loss. It also discusses the differences between tort law and the ideal of resilience, as well as the implications of reconceiving compensatory damages in terms of resilience. The author proposes that the resilience-based ideal can provide a more responsive and fair approach to compensatory damages, particularly in cases involving irreparable harm.
- Subjects
TORT theory; EXEMPLARY damages; TORTS; SANDY Hook Elementary School Massacre, Newtown, Conn., 2012; PUNISHMENT; INDIAN Ocean Tsunami, 2004
- Publication
DePaul Law Review, 2024, Vol 73, Issue 2, p395
- ISSN
0011-7188
- Publication type
Article