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Torts and Rights$
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Robert Stevens

Print publication date: 2007

Print ISBN-13: 9780199211609

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199211609.001.0001

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(p.306) 14 Policy
Torts and Rights

Robert Stevens

Oxford University Press

The range of reasons which a judge can employ in adjudicating a case is restricted. Judges lack the political jurisdiction and technical competence to employ all of the possible rational reasons which could be employed. Viewing the law of torts as reflecting the rights we have one against another explains how judges were and are able to make and develop the common law. Justiciability explains the court's incrementalist approach to change in the law.

Keywords:   policy, principle, adjudication, justiciability, incrementalism

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