TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Thursday, May 9, 2024

Tort Law & Social Equality Project: Dagan & Dorfman on the Value of Personal Rights of Action

On Friday, May 17, at noon (EST), Hanoch Dagan & Avihay Dorfman will present "The Value of Personal Rights of Action."

The paper claims claim that contemporary champions of personal rights of action do not explain why and when these rights matter. Moreover, contemporary critics of these rights do not explain why all such rights should be replaced with other alternatives to the traditional system of common-law litigation, such as collective litigation. Their core thesis is that some personal rights of action can be valuable in and of themselves – that is, they carry freestanding value, beyond their contribution to vindicating plaintiffs’ substantive rights. On other cases, personal rights of action are legal technologies that are rightly dispensable with others if these replacements can better ensure the vindication of private plaintiffs’ rights. The key question, therefore, is not only whether personal rights of action are intrinsically valuable, but rather when. Dagan and Dorfman employ the normative framework of relational justice to address these questions. 

The flyer (with a Zoom link) is here:  Download Dagan & Dorfman

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