{"title":"对国家的侵权行为","authors":"P. Miller, Jeffrey A. Pojanowski","doi":"10.2139/SSRN.3332673","DOIUrl":null,"url":null,"abstract":"This chapter argues that the dominant “interpersonal accountability model of tort law” must be significantly amended to accommodate tort law’s protection of the interests of artificial persons. The chapter focuses on protection of state interests, in particular. It begins with a critical exposition of the interpersonal accountability model, highlighting the extent to which leading tort theorists share the assumption that torts are wrongs that are suffered by natural persons alone. Next, the chapter shows that and how the interpersonal accountability model neglects torts against the state, and offers a schema for categorizing these torts. The chapter concludes by tracing the implications of arguments developed in it. Among other things, it notes that understanding that tort law includes torts against the state calls into question the tendency to gloss torts as “private wrongs” and supports the practice of treating them as “civil wrongs.”","PeriodicalId":297088,"journal":{"name":"Civil Wrongs and Justice in Private Law","volume":"68 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Torts Against the State\",\"authors\":\"P. Miller, Jeffrey A. Pojanowski\",\"doi\":\"10.2139/SSRN.3332673\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter argues that the dominant “interpersonal accountability model of tort law” must be significantly amended to accommodate tort law’s protection of the interests of artificial persons. The chapter focuses on protection of state interests, in particular. It begins with a critical exposition of the interpersonal accountability model, highlighting the extent to which leading tort theorists share the assumption that torts are wrongs that are suffered by natural persons alone. Next, the chapter shows that and how the interpersonal accountability model neglects torts against the state, and offers a schema for categorizing these torts. The chapter concludes by tracing the implications of arguments developed in it. Among other things, it notes that understanding that tort law includes torts against the state calls into question the tendency to gloss torts as “private wrongs” and supports the practice of treating them as “civil wrongs.”\",\"PeriodicalId\":297088,\"journal\":{\"name\":\"Civil Wrongs and Justice in Private Law\",\"volume\":\"68 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-02-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Civil Wrongs and Justice in Private Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.3332673\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Civil Wrongs and Justice in Private Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.3332673","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
This chapter argues that the dominant “interpersonal accountability model of tort law” must be significantly amended to accommodate tort law’s protection of the interests of artificial persons. The chapter focuses on protection of state interests, in particular. It begins with a critical exposition of the interpersonal accountability model, highlighting the extent to which leading tort theorists share the assumption that torts are wrongs that are suffered by natural persons alone. Next, the chapter shows that and how the interpersonal accountability model neglects torts against the state, and offers a schema for categorizing these torts. The chapter concludes by tracing the implications of arguments developed in it. Among other things, it notes that understanding that tort law includes torts against the state calls into question the tendency to gloss torts as “private wrongs” and supports the practice of treating them as “civil wrongs.”