Monday, February 10, 2014
R. A. Duff (University of Minnesota Law School) has posted Torts, Crimes, and Vindication: Whose Wrong Is It? (Unravelling Tort and Crime, M. Dyson, ed., Cambridge University Press, Forthcoming) on SSRN. Here is the abstract:
It is sometimes said that tort law provides for the vindication of individual rights — which raises the question of how tort law as thus understood should relate to criminal law, which is sometimes also said to be concerned with the vindication of rights. I discuss the differences between civil and criminal modes of vindication; the ways in which we might nonetheless blur the boundaries between the tort process and the criminal process; and the light that this can throw on the central core of criminal law.