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THE PUZZLE OF HARMLESS TORTS AND
A RECONSIDERATION OF CORRECTIVE JUSTICE
by
Nancy Callery Zdunkewicz
A Thesis Presented to the
FACULTY OF THE USC GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
MASTER OF ARTS
(PHILOSOPHY AND LAW)
August 2011
Copyright 2011 Nancy Callery Zdunkewicz
Object Description
| Title | The puzzle of harmless torts and a reconsideration of corrective justice |
| Author | Zdunkewicz, Nancy Callery |
| Author email | zdunkewi@usc.edu;nzdunk@gmail.com |
| Degree | Master of Arts |
| Document type | Thesis |
| Degree program | Philosophy and Law |
| School | College of Letters, Arts And Sciences |
| Date defended/completed | 2011-07-26 |
| Date submitted | 2011-07-26 |
| Date approved | 2011-07-27 |
| Restricted until | 2011-07-27 |
| Date published | 2011-07-27 |
| Advisor (committee chair) | Watson, Gary |
| Advisor (committee member) |
Keating, Gregory Marmor, Andrei |
| Abstract | This paper will challenge the leading corrective justice theories of tort law to account for liability and remedy in harmless intentional torts. The courts hold defendants liable for trespasses and batteries that do not leave the plaintiff worse off. In the absence of compensable harm the courts award nominal damages. Any theory of tort law which cannot explain this established and important part of tort practice is defective. ❧ After developing this challenge I will pose a question: is there a unified account of tort law that explains its concern with both harm-based and harmless torts? This paper will explore various possible answers to that question. One option is to argue for substantive unity – unity of values or interests that tort law recognizes and protects. As we will see, there are two substantive unity accounts available: a harm-centered view and an autonomy-based view of the interests at stake. It might be that neither of these alternatives is plausible and tort law lacks substantive unity. ❧ Another option is to think of tort law as unified in its aim or purpose. For instance, if all torts could be shown to be achieving corrective justice then that would be a kind of teleological or functional unity. Functional unity is a possibility when the object of repair is interpreted to be the normative relationship between the parties to a case. |
| Keyword | tort law; corrective justice; harmless torts; wrongful losses; repair; normative; harm; wrong; rights; duty of care; duty; negligence; strict liability; liability; trespass; battery; intentional torts; autonomy; sovereignty |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Provenance | Electronically uploaded by the author |
| Type | texts |
| Legacy record ID | usctheses-m |
| Rights | Zdunkewicz, Nancy Callery |
| Access conditions | The author retains rights to his/her dissertation, thesis or other graduate work according to U.S. copyright law. Electronic access is being provided by the USC Libraries in agreement with the author, as the original true and official version of the work, but does not grant the reader permission to use the work if the desired use is covered by copyright. It is the author, as rights holder, who must provide use permission if such use is covered by copyright. The original signature page accompanying the original submission of the work to the USC Libraries is retained by the USC Libraries and a copy of it may be obtained by authorized requesters contacting the repository e-mail address given. |
| Repository name | University of Southern California Digital Library |
| Repository address | USC Digital Library, University of Southern California, University Park Campus MC 7002, 106 University Village, Los Angeles, California 90089-7002, USA |
| Repository email | cisadmin@usc.edu |
| Archival file | uscthesesreloadpub_Volume71/etd-Zdunkewicz-180.pdf |
Description
| Title | Page 1 |
| Full text | THE PUZZLE OF HARMLESS TORTS AND A RECONSIDERATION OF CORRECTIVE JUSTICE by Nancy Callery Zdunkewicz A Thesis Presented to the FACULTY OF THE USC GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS (PHILOSOPHY AND LAW) August 2011 Copyright 2011 Nancy Callery Zdunkewicz |
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