Document Type
Article
Publication Date
1991
ISSN
0041-9818
Publisher
University of Miami, School of Law
Language
en-US
Abstract
The economic theory of tort law has developed along two lines. The first and more traditional is positive theory, which justifies tort doctrine. The second is normative theory, which usually criticizes the operational efficiency of the tort system, and is the focus of this Article. This Article argues that once the dynamics of litigation are properly taken into account, all bets are off on the economic efficiency of tort law. The simple fact that litigation is a costly enterprise provides a rich source of inefficiencies with which the tort system must grapple.
Recommended Citation
Keith N. Hylton,
Litigation Costs and the Economic Theory of Tort Law
,
in
46
University of Miami Law Review
111
(1991).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/1030
