Friday, September 20, 2019
Stephen Sugarman & Caitlin Boucher have posted to SSRN Re-Imagining the Dignitary Torts. The abstract provides:
Tort law is cluttered with different causes of action that permit financial recovery for emotional harms arising from what we call wrongful affronts to human dignity. These include the common law torts of offensive battery, assault, false imprisonment, privacy invasion, defamation, some nuisance claims, and the more broadly labeled actions for intentional and negligent infliction of emotional distress. We don’t need all this clutter. Plus, simplifying our approach to dignitary harm would eliminate unjustified inconsistencies found in this group of torts. This article paves the way for a more coherent approach to the protection of personal dignity.