TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, July 8, 2008

Calnan on Duty

Alan Calnan (Southwestern) has posted an interesting tort theory piece, Duty and Integrity in Tort Law, on SSRN.  Here is the first paragraph of the abstract:

The tort concept of duty lacks integrity in virtually every popular sense of that term. It is at once incomplete, unharmonious and unbeholden to any ethical principle or moral standard. Although these problems are interrelated, each corrupts tort jurisprudence in its own unique way.

To remedy this problem, Calnan proffers a theory based in the work of legal philosopher Ronald Dworkin.


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