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- Title
Judging Plaintiffs.
- Authors
Solomon, Jason M.
- Abstract
The article discusses the reasons why plaintiffs are judged in order to determine the liability in tort law. It explores a variety of disparate doctrines in tort law as instances of a singular phenomenon. The article argues that civil recourse theory, a new moral theory of tort law, is well positioned to explain why plaintiff's capacity for self-help ought to lead to a judgment of no liability. Moreover, the article suggests to move the debate over tort theory and doctrine forward by discussing civil recourse theory.
- Subjects
LEGAL judgments; LEGAL liability; TORTS; LAW; CIVIL law; SELF-help (Law); CIVIL procedure; DEBATE; CRIMINAL complaints
- Publication
Vanderbilt Law Review, 2007, Vol 60, Issue 6, p1749
- ISSN
0042-2533
- Publication type
Article