That is because tort law, unlike the criminal law or administrative regulation, is not a set of legal liability rules that protect the public interest or incentivize socially desirable behavior.21 Instead, tort law is “irreducibly relational.”22 The law lays down relational norms of conduct — legal duties that we owe to other people.23 A tort such as negligence or battery is a sort of relational legal wrong, which consists in the breach of one such relational duty: “do not injure another person by treating her negligently” (the tort of negligence), “do not harmfully or offensively contact another person” (the tort of battery), “do not make a false and injurious communication about another person” (the tort of defamation), and so on.24 By laying down relational legal duties and wrongs that recognize relational moral duties and wrongs — duties and wrongs that we acknowledge in everyday moral life — tort law allows us to obtain redress from those who have treated us wrongfully.25 According to the Palsgraf perspective, that is tort law’s core aspiration and purpose: to recognize and redress relational wrongs.
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