Twentieth Century Tort Theory

Writing in 2002 John Goldberg here summarized and commented on the principal theoretical approaches to tort law which gained currency in the 20th century.   These are academic constructs which had some influence in how judges understood and developed the law of torts.  


From the Introduction:

As we consider the "new negligence," it may be useful to set the record straight on the thinking of the last century, one that is growing distant more rapidly than the calendar would suggest. This Article undertakes that task by analyzing five idealized theories representing the dominant approaches to tort law in twentieth-century U.S. and Canadian scholarship.  The five are labeled: compensation-deterrence theory, enterprise liability theory, economic deterrence theory, social justice theory, and individual justice theory.  Specific   disputes in modern tort law--for example, whether to hold actors liable for accidental harms under a standard of fault or strict liability--have taken place within the conceptual space created by these theories.