Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2000 Pragmatic Conceptualism Benjamin C. Zipursky Fordham University School of Law,
[email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons Recommended Citation Benjamin C. Zipursky, Pragmatic Conceptualism, 6 L. Theory 457 (2000) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/838 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. Legal Theory, 6 (2000), 457–485. Printed in the United States of America CopyrightBENJAMIN C. ZIPURSK Y Pragmatic © Conceptualism Cambridge University Press 1352–3252/00 $9.50 PRAGMATIC CONCEPTUALISM Benjamin C. Zipursky* Fordham University INTRODUCTION Economic accounts of tort law tell us why tortfeasors face monetary sanc- tions for certain sorts of conduct. That is not enough, according to cor- rective justice theorists Jules Coleman and Ernest Weinrib.1 Economic theories2 do not offer an adequate explanation of why the defendant is required to pay these monetary sanctions to the plaintiff. Perhaps some argument can be made that it is efficient to reward private parties for bringing tort actions. Yet even if this were plausible, it would make the plaintiff-driven nature of tort law a purely contingent matter. The plaintiff- defendant structure of tort law is essential to it, not merely contingent.