Hershovitz Reviews Ripstein’s “Private Wrongs”

In Arthur Ripstein’s new book “Private Wrongs,” he argues that one simple idea accounts for all of tort’s rights and remedies: no one is in charge of anyone else. In this review, I argue that Ripstein is wrong about that. I outline his account of tort, and then set out (some of) the details of the doctrine for which he has failed to account. I also argue that the ambition of Ripstein’s book is misguided: we ought not expect simple explanations for complicated and contingent institutions, like tort. Nevertheless, I find lots to admire in Ripstein’s book, and I recommend it to everyone who is interested in private law.