Intuitions in Tort Law and Theory

Authors

• James Macleod, Brooklyn Law SchoolFollow

Abstract

This Essay highlights the many ways that ordinary conceptual and moral intuitions shape the development of tort law. It further argues that, for a range of doctrinal and institutional reasons, such intuitions deserve a central place in tort theorists’ efforts to explain, predict, justify, and reform the law of torts. Finally, given the stakes for both positive and normative tort theory, the Essay emphasizes the need for more systematic empirical research into the content and operation of people’s tort-relevant intuitions.

Recommended Citation

James Macleod, Intuitions in Tort Law and Theory, 75 DePaul L. Rev. (2026).
Available at: https://via.library.depaul.edu/law-review/vol75/iss2/10