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February 18, 2013


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I don't see "negligence" there. Isn't the "it" to which you refer the sum total of public and private assets that can be redistributed, either publicly or privately, under the purview of the civil law system? If so, I don't see how your mention of "criminal law" fits on the diagram. Additionally, if tort is defined as injury outside of contract, then damages that pass as a result of it are a product "implied consent," to the extent that a citizen subjects himself to existing laws. One would withdraw that implied consent by not living her or doing business here.


Ralph -- I would say the It is the sum total of property based policies that germinate in other courses. In some instances we refer to these principles according to markets and sometimes we refer to them as social collective responses. So, in the case of contracts, while the animating principles underlying contract theory might tend to defer to allocative responsibility towards express consent, we also recognize other policies that are more distributive -- such as efficient breach and concepts of excuse. Regarding torts policy, recall that original to our conceptions of duty were the concepts of privity. We also have no problem expanding liabilities according to more explicit contract like agreements -- vicarious liability, joint enterprise, etc... But yet, these concepts are not static towards contracts at all -- they incorporate notions of distributive policies as well. So perhaps the It is the sum total of animating principles -- of which in my narrative, property is intimately involved....

International News

Great article ..a must read for everyone. the world is so full of hate right now and peace is needed like never before ..your article is an eye-opener in terms of how inner peace and non-judgmental behavior is so important..

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