In discussing the potential of tort liability within a family unit, where courts have been hesitant to intervene, Professor Benjamin Shmueli observed that "[t]ort law sends the message--both to the specific tortfeasor and to potential tortfeasors--that there are certain values that society is not willing to compromise.
Goldberg notes that beyond providing compensation to those who are injured, "the most obvious function tort might play is to send a message to powerful actors that they must give due consideration to the well-being of others.
Civil tort judgments establish standards, tolerance levels, and articulate valuable norms.
the benefits in accident avoidance exceed the cost of prevention, society is better off if those costs are incurred and the accident averted [by adopting] precautions in order to avoid a greater cost in tort judgments.
47) Were insurance free to the insured, premiums unaffected by civil judgments, and the history of American tort law to reflect that the presence of insurance increases the likelihood of misconduct, the argument might merit consideration.
In those areas where tort judgments are modest or norms are as yet to be developed, the lack of such decisions may be the reason misconduct occurred.
institution of tort law is not exhausted by the rules that are
the most part, the procedural rules that govern tort claims also govern
distinctive rules--roughly, who is entitled to tort remedies, when, and
However, we cannot understand the contribution tort law makes to
sure, a theory of tort must explain what is distinctive about tort law,
Both economists and philosophers have missed much about tort, and