Harm, History, and Counterfactuals

Perry, Stephen

Journal: San Diego Law Review

Volume: 40

First Page: 1283

Year: 2003

Bluebook Citation: 40 SAN DIEGO L. REV. 1283 (2003)

Author: Stephen H. Perry: all 6 publications


Abstract

In this Article I undertake a very preliminary inquiry into some aspects of the concept of harm. My excuse for doing so in a symposium on compensation is that, in private law and particularly in tort law, an award of damages is often intended to compensate for harm; if we do not know something about the nature of harm, we cannot fully understand the nature of at least this type of compensation.

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