A Simple Model of Torts and Moral Wrongs

According to the “standard model” of torts and moral wrongs—the model implicit in leading theories tort law—tort law imposes genuine duties that are distinct from, only roughly coincide with, our preexisting duties. A “tort,” on this model, is a distinctive kind wrong—the breach tort-generated duty. In Article, I argue should tell simpler story—one dispenses with domain distinct, what call “simple wrongs, aims recognize respond directly wrongs. Because recognizes certain however, then coarse-grained, institutional way, understandably diverges from other forms assessment accountability. All same, “tort” simply wrong which takes interest, not wrong. aim show simple provides more natural illuminating way think about relationship between interpersonal morality. And can fit explain we have, contrary some have supposed. Along seek illustrate has important implications for theory, inescapable practical significance too.