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Civil Wrongs and Justice in Private Law$
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Paul B. Miller and John Oberdiek

Print publication date: 2020

Print ISBN-13: 9780190865269

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780190865269.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 June 2021

Torts Against the State

Torts Against the State

(p.323) 15 Torts Against the State
Civil Wrongs and Justice in Private Law

Paul B. Miller

Jeffrey A. Pojanowski

Oxford University Press

This chapter argues that the dominant “interpersonal accountability model of tort law” must be significantly amended to accommodate tort law’s protection of the interests of artificial persons. The chapter focuses on protection of state interests, in particular. It begins with a critical exposition of the interpersonal accountability model, highlighting the extent to which leading tort theorists share the assumption that torts are wrongs that are suffered by natural persons alone. Next, the chapter shows that and how the interpersonal accountability model neglects torts against the state, and offers a schema for categorizing these torts. The chapter concludes by tracing the implications of arguments developed in it. Among other things, it notes that understanding that tort law includes torts against the state calls into question the tendency to gloss torts as “private wrongs” and supports the practice of treating them as “civil wrongs.”

Keywords:   interpersonal accountability model, tort law, natural persons, state interests, underinclusivity, wrongs against the state

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