Property, Wrongfulness and the Duty to Compensate

Abstract

Professor Weinrib's Causation and Wrongdoing is a very complicated and difficult paper, rich in ideas and detailed argument. The essay has both positive and critical ambitions. Weinrib criticizes the efforts to explain the normative significance of causation advanced by Professors Judith Thomson, Richard Epstein and myself. His positive view is that causation and wrongdoing are (in some sense) conceptually connected, and, because of this connection, they constitute separately necessary and jointly sufficient conditions of a coherent and justifiable scheme of tort liability.