{"title":"Q: What is Tort? A: Categorical Hurt","authors":"Anita Bernstein","doi":"10.1515/jtl-2021-0028","DOIUrl":null,"url":null,"abstract":"Abstract The capacious and hard-to-confine term Tort challenges observers to identify what it includes and does not include. Offered here to describe tort, the label “categorical hurt” makes reference to two foundational characteristics. “Hurt,” the noun in this phrase, insists that tort plaintiffs bring to court their experience of suffering. Its adjective, used in this article to echo the word Immanuel Kant chose to modify a different noun, “imperative,” means that tort courts hear claims of general rather than exclusively personal interest. To earn a tort remedy, the suffering reported by a hurt plaintiff must be of a kind that other people can experience and understand.","PeriodicalId":39054,"journal":{"name":"Journal of Tort Law","volume":"53 2","pages":"261 - 278"},"PeriodicalIF":0.0000,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Tort Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/jtl-2021-0028","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract The capacious and hard-to-confine term Tort challenges observers to identify what it includes and does not include. Offered here to describe tort, the label “categorical hurt” makes reference to two foundational characteristics. “Hurt,” the noun in this phrase, insists that tort plaintiffs bring to court their experience of suffering. Its adjective, used in this article to echo the word Immanuel Kant chose to modify a different noun, “imperative,” means that tort courts hear claims of general rather than exclusively personal interest. To earn a tort remedy, the suffering reported by a hurt plaintiff must be of a kind that other people can experience and understand.
期刊介绍：
The Journal of Tort Law aims to be the premier publisher of original articles about tort law. JTL is committed to methodological pluralism. The only peer-reviewed academic journal in the U.S. devoted to tort law, the Journal of Tort Law publishes cutting-edge scholarship in tort theory and jurisprudence from a range of interdisciplinary perspectives: comparative, doctrinal, economic, empirical, historical, philosophical, and policy-oriented. Founded by Jules Coleman (Yale) and some of the world''s most prominent tort scholars from the Harvard, Fordham, NYU, Yale, and University of Haifa law faculties, the journal is the premier source for original articles about tort law and jurisprudence.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
