Ken Simons has posted to SSRN Understanding and Justifying Tort Law’s Intent Doctrines, a paper he will present at Southwestern next week. The abstract provides:
This paper carefully and thoroughly explores tort law’s intent doctrines and considers the extent to which moral principles can help explain and justify them. By “intent,” I mean doctrinal requirements of purpose or knowledge, either as to a result of the actor’s conduct or as to a circumstance element …
