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But these asymmetries are equally explicable on the view that the fundamental normative basis of compensatory tort liability is the defendant’s moral responsibility for infringing some right against injury held by the plaintiff. In each of the preceding cases, the defendant may be morally responsible for causing B to suffer a loss, for such loss is a foreseeable consequence of the defendant’s wrongful behavior. But in none of these cases does B have a right against the loss in question; in general we do not have a right against being deprived of future profit or otherwise caused to suffer economic loss.241 Thus, each of these results is as ably explained by supposing that common law torts such as defamation are remedial pigeonholes — which obliquely implement normative principles about moral responsibility for rights infringement — as they are by supposing that torts are legally recognized relational moral wrongs. It is because the civil law’s general clauses are (somewhat more transparently) implementing the same principles that in each of these cases the civil law reaches the same result as the common law.,推荐阅读手游获取更多信息

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刘洋,独立研究员,专注于数据分析与市场趋势研究,多篇文章获得业内好评。

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