Compensating for harms is the bedrock of the practice of tort law. The hypothetical ideal of "making the victim whole" guides many a classroom discussion and judicial opinion. Yet we all know that his ideal is often unattainable for a variety of practical and conceptual reasons. Focusing on the conceptual issues, a question might be asked: Are we ever Really able to make the victim whole? In this Article, I aim to stress and develop the aspects of the argument I find most convincing, while critiquing others.
Can We Compensate for Incompensable Harms?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol40/iss4/4