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Defaming the Dead$
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Don Herzog

Print publication date: 2017

Print ISBN-13: 9780300221541

Published to Yale Scholarship Online: September 2017

DOI: 10.12987/yale/9780300221541.001.0001

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Tort’s Landscape

Tort’s Landscape

(p.27) II Tort’s Landscape
Defaming the Dead

Don Herzog

Yale University Press

A sketch of the basic contours of tort law, for those not familiar with it. The chapter defends and starts deepening the traditional case that tort is private law: that what matters in a tort action is simply the claim that one party has wronged another, not making sound social policy or promoting Kaldor-Hicks efficiency or anything like that. It explores settings in which the law does take posthumous interests seriously.

Keywords:   tort, private law, posthumous interests

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