Particularism and Prejudice in the Law of Tort

11 Tort Law Review 146-167 (2003)

44 Pages Posted: 2 Jul 2013

See all articles by Allan Beever

Allan Beever

School of Law - Auckland University of Technology

Date Written: July 1, 2003

Abstract

This article explores the nature of legal reasoning in the modern law of tort. It examines the way modern lawyers utilise justice to argue for desired results. It maintains that this usage inappropriately treats justice intuitionistically rather than in a principled fashion. The intuitionistic treatment of justice is related to four key errors in tort law reasoning increasingly widespread in case law and commentary. The article concludes by examining a reply based on particularistic understandings of moral truth, and maintains that, whatever the nature of moral truth, lawyers must reason in a principled fashion.

Keywords: torts

Suggested Citation

Beever, Allan, Particularism and Prejudice in the Law of Tort (July 1, 2003). 11 Tort Law Review 146-167 (2003), Available at SSRN: https://ssrn.com/abstract=2288236

Allan Beever (Contact Author)

School of Law - Auckland University of Technology ( email )

Private Bag 92006
Auckland, 1142
New Zealand

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
140
Abstract Views
708
Rank
372,809
PlumX Metrics