The crime/tort distinction: legal doctrine and normative perspectives
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By kw simons · 1984 · cited by 84 — this essay provides an overview of the crime/tort distinction. it first investigates some of the fundamental differences between criminal law and tort law in ...
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719THE CRIME/TORT DISTINCTION: LEGAL DOCTRINE AND NORMATIVE PERSPECTIVES Kenneth W. Simons* This essay provides an overview of the crime/tort distinction. It first investigates some of the fundamental differences between criminal law and tort law in doctrine and legal structure. It then explores some important similarities and differences in normative perspectives between the two doctrinal fields. This typology should prove analytically useful for examining some of the specific issues at the borderline of crime and torts—such as the proper scope of punitive damage liability and the question whether criminal law as well as tort law should vary legal sanctions simply because of the fortuitous occurrence of harm. A. DIFFERENCES IN DOCTRINE AND STRUCTURE “In the beginning,” of course, crime and tort were not sharply distinguished. At early common law, a victim could pursue justice for the same wrongful act either through a forerunner of criminal law or through a forerunner of tort law.1 Bu...
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