The Roman Law of Tort

The Roman Law of Tort

How did the Romans think about torts like theft, nuisance, and assault? Professor Richard Epstein posits that understanding Roman concepts about causation can help us understand both modern public and private law.

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4 of 5: But-for vs. Direct Causation in Tort Law [No. 86]

How did the Romans think about causation in Torts? Professor Richard Epstein explains that the Romans crafted their rules based on obvious, direct causality first and then applied those same principles to indirect causes. Professor Epstein maintains ... How did the Romans think about causation in Torts? Professor Richard Epstein explains that the Romans crafted their rules based on obvious, direct causality first and then applied those same principles to indirect causes. Professor Epstein maintains that American law reverses this order and starts with rules that cover indirect causation first.

Professor Richard Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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