TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, October 28, 2013

Goldberg Reviews "Tort As A Substitute for Revenge"

Over at JOTWELL,  John Goldberg has a review of  "Tort as A Substitute for Revenge," by  Scott Hershovitz:

Modern tort theory begins with Holmes, who was eager to recast the old law of ‘trespass’ on suitably modern terms. Back when people were superstitious and quick to blame, tort could be understood as law that provides an alternative to vengeance. In our disenchanted world, however, tort law must be seen as a mechanism by which the state pursues a public policy, such as compensation of injury victims.

In Tort as a Substitute for Revenge, Professor Scott Hershovitz invites us to ask whether Holmes got us off on the wrong foot. Indeed, he argues that tort law has an important connection to revenge and that, as such, it is to be credited with delivering a kind of justice.


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