Mass Torts and Moral Principles

TitleMass Torts and Moral Principles
Publication TypeJournal Article
Year of Publication1992
AuthorsStrudler, A
JournalLaw and Philosophy
Volume11
Abstract

This paper examines moral problems that arise when assigning liability in causally problematic mass exposure tort cases. It examines the relevance of different conceptions of corrective justice for such assignments of liability. It explores an analogy between the expressive role of punishment and the expressive role of tort, and argues that the imposition of liability in causally problematic mass exposure cases can be justified by appeal to expressive considerations.