IDEAS home Printed from https://ideas.repec.org/a/oup/oxjlsj/v41y2021i4p1012-1039..html
   My bibliography  Save this article

Relational Wrongs and Agency in Tort Theory

Author

Listed:
  • Nick Sage

Abstract

—Some of those theorists who believe tort law consists of relational wrongs also believe, under the influence of Kant’s legal philosophy, that tort law is concerned for the agency of the two parties to a wrongful interaction. I argue that these theorists should discard their agency framework. It distorts our view of tort doctrine and does not really fit the law’s relational structure. We can reach a better understanding just by pursuing the idea that torts are relational wrongs. I try to diagnose and suggest cures for the intellectual tendencies that lead Kantian theorists away from this approach.

Suggested Citation

  • Nick Sage, 2021. "Relational Wrongs and Agency in Tort Theory," Oxford Journal of Legal Studies, Oxford University Press, vol. 41(4), pages 1012-1039.
    • Handle: RePEc:oup:oxjlsj:v:41:y:2021:i:4:p:1012-1039.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/ojls/gqab009
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:oxjlsj:v:41:y:2021:i:4:p:1012-1039.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/ojls .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.