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Making Tort Law: What Should Be Done and Who Should Do It

In this short, theoretical look at current tort liability law in the United States, Harvard's Charles Fried and David Rosenberg conclude that deterrence, rather than compensation or redistribution, should be the exclusive goal of tort law. Fried and Rosenberg demonstrate how the current system is overly expense, unpredictable, and inefficient in offering a deterrent to the business practices it seeks to quell, and they contend that legislative action, as opposed to judicial remedies, offer the most promise for reform.

Charles Fried and David Rosenberg, Professors, Harvard Law School (AEI Press, 2003)



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