The Elusive Third Way? The Role of Positive Morality in Recognizing Wrongs.

The Role of Positive Morality in Recognizing Wrongs They emphasize the analogous and elucidative structure of decision-making in new tort cases, such that, given the moral basis of the original torts in I vi et armis i , new claims can be recognized on the basis of analogous reasoning and positive morality.[49] But positive morality can be morally wrong. This is precisely how Goldberg and Zipursky justify the tort of false imprisonment, for example, as the basis for elucidating all future torts: Our point is not that there is some sort of self-evident truth to the proposition that it is wrong (for example) intentionally to confine someone against his will. I Recognizing Wrongs i also gives a convincing account of the nature of the legal obligations in tort,[8] which makes it preferable to corrective justice and other fully moralized accounts of tort.[9] Each of these moves is distinctive within tort theory. [Extracted from the article]