Close Menu
    Facebook X (Twitter) Instagram
    Return to Fordham Law School
    X (Twitter) Facebook LinkedIn Instagram RSS
    Fordham Law News
    • Home
    • Law School News
    • In the News
    • Fordham Lawyer
    • Insider
      • Announcements
      • Class Notes
      • In Memoriam
    • For the Media
      • Media Contacts
    • News by Topic
      • Business and Financial Law
      • Clinics
      • Intellectual Property and Information Law
      • International and Human Rights Law
      • Legal Ethics and Professional Practice
      • National Security
      • Public Interest and Service
    Return to Fordham Law School
    X (Twitter) Facebook LinkedIn Instagram RSS
    Fordham Law News
    You are at:Home»Law School News»New Book Rethinks Tort Law

    New Book Rethinks Tort Law

    0
    By on February 6, 2020 Law School News

    Tort law might appear to be one of the more straightforward areas of legal study, but Fordham Law Professor Benjamin C. Zipursky and Harvard Law Professor John C.P. Goldberg believe it has been badly misunderstood for most of the past half century.

    Tort law is the body of law governing the redress of injury, which enables victims to seek remedies for wrongs committed against them. In Recognizing Wrongs, published February 4, 2020 by Belknap Press of Harvard University Press, Zipursky and Goldberg outline their project as a rethinking of tort law as civil recourse, extricating it from economic and public policy analyses. In their introduction, the co-authors make a strong claim for civil recourse theory and in opposition to the more prevalent perspective on tort law, corrective justice theory. 

    “Tort law is what it looks to be,” write Zipursky and Goldberg, “and what its name once clearly announced—it is a law of wrongs.”       

    Though the book is directed primarily at legal theorists, two chapters detail the practical application of Zipursky and Golberg’s approach to applying to contemporary issues such as pharmaceutical litigation and internet libel.

    The book is the evolution of themes Zipursky first introduced in a Vanderbilt Law Review article he published in 1998. Fordham Law Dean Matthew Diller lauded Recognizing Wrongs, calling it a “major statement from the two most-cited tort scholars in the country.”

    To counter those who would argue that tort law is “small potatoes” compared to areas of law like international human rights, the authors suggest that tort law outlines, at a foundational level, the responsibilities citizens have to one another. Those responsibilities, in turn, form part of the underpinnings of democracy. Zipursky and Goldberg write, “We do think that having a law of torts, at least in a modern liberal democracy, is critical to having a just legal and political system.”

    “For too long,” Zipursky states, “legal scholars were afraid to admit that tort law really is about responsibility. They have thought it critical to be pragmatic, not moral. We think that tort law must be understood as both pragmatic and moral.”

    To honor the book’s publication, Fordham Law School hosted a reception for Zipursky and Goldberg on February 5, 2020.

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

    Related Posts

    Finding Balance, Building Connections: Alumni Share Keys to Success in Law School and Beyond

    Professor Catherine Powell Selected for Prestigious Princeton Fellowship

    Judicial Center Names 2025-2026 Peer Clerkship Council

    Comments are closed.

    • The Big Idea
    August 5, 2025

    The Big Idea: Who Counts (and Who Doesn’t) in the U.S. Census 

    March 31, 2025

    The Big Idea: Local Politics, Reform Prosecutors, and Reshaping Mass Incarceration

    March 3, 2025

    The Big Idea: Forced Labor, Global Supply Chains, and Workers’ Rights

    November 6, 2024

    The Big Idea: Partisanship, Perception, and Prosecutorial Power

    READ MORE

    About

    Fordham University - The Jesuit University of New York

    Founded in 1841, Fordham is the Jesuit University of New York, offering exceptional education distinguished by the Jesuit tradition to more than 15,100 students in its four undergraduate colleges and its six graduate and professional schools.
    Connect With Fordham
    © 2025 ThemeSphere. Designed by ThemeSphere.

    Type above and press Enter to search. Press Esc to cancel.