This is the next iteration of our LPE 101 series with Professor Talha Syed (UC Berkeley) discussing an LPE approach to Torts!
Tort law deals with two foundational subjects: Rights and Risk. The prevailing modes of analyzing these within tort theory and policy have been as realms of corrective justice (moral philosophy) or social policy (law-and-economics). A Law and Political Economy (LPE) approach, by contrast, offers a fundamentally different view of the subject: as a central arena of social justice. As such an LPE approach offers not only distinct substantive insights into tort law but also, and perhaps as importantly, a distinct methodology for approaching law in general.