Conflict between Equals

Avihay Dorfman is "The Friends of Joe Jamail" Regents Chair in Law and Founding Academic Director of the Private Law Theory Program at the University of Texas at Austin. His work focuses on the conceptual and normative foundations of law. He has written on fundamental questions in private law theory and doctrine, as well as on the morality of public ordering. His research on the latter includes investigations into why privatization may sometimes be impermissible and what might make political authority legitimate. Across these areas, Dorfman emphasizes the non-instrumental values that underpin key legal and political institutions. His work explores the non-contingent implications of the law for enabling valuable forms of interaction between-and among-individuals.

• Part I. Tort Law's Challenges Introduction Chapter 1: Why Tort Law? Two Challenges PART II. THE CONFLICT THEORY OF TORT LAW Chapter 2: The Conflict Theory: Foundations Chapter 3: Inherently Valuable Conflicts: Elaboration and Illustrations Chapter 4: Tolerably Valuable Conflicts: Duties Liberate Chapter 5: Valueless Conflicts: Why and When Suing in Tort Law Matters Chapter 6: Valueless Omissions: Easy Rescue Redux Chapter 7: The Legal Practice of Conflict: Tort Law in Action Chapter 8: The Propriety of Proprietary Conflicts: Nuisance Law Chapter 9: The Propriety of Proprietary Conflicts: Trespass Law Chapter 10: The Tort of Discrimination Part III. The Equality Theory of Tort Law Chapter 11: Equality First Chapter 12: Why Tort Duties? Why Tort Law? Relating as Agents Chapter 13: Tort Duties for Egalitarians: Relating as Substantive Equals Chapter 14: Due Care and Substantive Equality: Hand Formula Redux Chapter 15: Egalitarian Accommodation Chapter 16: Equality and Uncertainty: the Burden of Proof in Tort Lawsuits Chapter 17: The Tort of Private Censorship Part IV. Concluding Remarks Conclusion

Avihay Dorfman has written a masterpiece. Conflict between Equals fundamentally reframes the field of tort theory, moving sophisticatedly beyond the traditional concepts of "wrongs", "recourse" and "cost-internalization". By insisting that the law must construct, not merely correct, human interaction, Dorfman vindicates tort law as a constitutive institution of a liberal society. With philosophical rigor and doctrinal sensitivity, he offers a profound vision of how private persons can relate as substantive equals. This transformative work that will shape the conversation for decades to come, is essential reading for legal scholars, philosophers, students, and practitioners.