INVESTIGADORES
TOHME Fernando Abel
congresos y reuniones científicas
Título:
On Causal Apportioning and Efficiency in Tort Law
Autor/es:
ACCIARRI, HUGO; CASTELLANO, ANDREA; TOHMÉ, FERNANDO
Lugar:
México, DF
Reunión:
Congreso; XII Annual Meeting of the Latin American and Caribbean Law and Economics Association (ALACDE); 2008
Institución organizadora:
Latin American Law & Economics Association & Berkeley Program in Law & Economics
Resumen:
Mainstream economic analysis of Tort Law takes for granted that efficiency cannot be reachedby allocating liability according to causal apportioning. In this paper we will present some ways toescape from the full scope of this claim. We start by reviewing the standard conception of causalityin the economic analysis of Tort Law, to show how some underlying assumptions influence thecurrently held view on the relation between causal apportioning and efficiency. Then, we revisitthose assumptions to see how plausible they actually are. In the light of this discussion weintroduce an alternative framework of causal reasoning in Tort Law. We will show how our modelyields a way of allocating liability in terms of a causal apportioning rule. The outcomes obtainedthrough this procedure are closer to efficiency than those prescribed by the mainstream.