Episode 09: John Goldberg and Benjamin Zipursky
John Goldberg, professor at Harvard Law School, and Benjamin Zipursky, professor at Fordham University School of Law, join us this week to discuss their new book Recognizing Wrongs in which they outline what principles underly tort law and why tort law matters. We discuss why they think tort law is more than just “accident law” or “ regulation” or an archaic leftover from a different era of social policy. The authors also touch on how their theory of tort law fits into constitutional law, jurisprudence, the “new private law,” and other theories of tort and private law.
Additional Reading:
Andrew S. Gold, John C.P Goldberg, Daniel B. Kelly, Emily Sherwin, and Henry E. Smith, The Oxford Handbook of the New Private Law (2020).
John F. Witt and Samuel Issacharoff, The Inevitability of Aggregated Settlement: An Institutional Account of American Tort Law, 57 Vand. L. Rev. 1571 (2004).