PHILOS 2Q03 Lecture Notes - Lecture 9: Instrumentalism
14 Mar 2018
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Instrumentalism = look at one aspect of law. Theory - in taking precautions to avoid injury you can spend a lesser amount of money than you get sued for. E. g. putting a fence around your pool for vs. getting sued for for someone falling in your unfenced pool. Tort law can only go between victim and the tortfeasor. Victim suing has to have a high enough incentive to sue. Why should we understand tort law as being economically motivated? o. We can understand it through its economic structure. By threatening people with possibility of lawsuits, we will be encouraging them into taking mildly expensive precautions, but that these precautions will allow society to avoid much more expensive injuries. Awarding damages to the victim encourages tortfeasors to take necessary precautions, because they know that their victim will be motivated to hold them to account for their wrongdoing.
