If the Trust believes otherwise, it’s free to test that theory in court. For now, it appears content to keep its arguments abstract.
That such an exercise is implied by the logic of the Palsgraf perspective should “enkindle doubt whether a flaw may not exist” in the logic that entails it.140 If the tort of battery is the legal recognition of a certain kind of relational moral wrong — the wrong of harming another person by acting on an intention to harm (or harmfully touch) her — and if providing redress for legally recognized relational moral wrongdoing is tort law’s basic normative aspiration, then tort law is, in such a case, committed to engaging in such an exercise as a matter of basic moral principle. That remodeling tort doctrine in line with the Palsgraf principle would in relevant cases commit the doctrine to conducting such an exercise is evidence that the Palsgraf principle distorts the moral sensibilities encoded by the law.
。新收录的资料对此有专业解读
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