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Article
Doing Away With Battery Law
Faculty Online Publications
  • Anthony J. Sebok, Benjamin N. Cardozo School of Law
Abstract

Steve Sugarman is one of contemporary tort law’s leading figures, and one feature of his career which stands out is that he is willing to challenge modern orthodoxy. As the title of his classic 1985 article, Doing Away With Tort Law suggests, Sugarman is willing to recommend sweeping changes to private law. In Restating the Tort of Battery, Sugarman offers a proposal almost as radical as his 1985 proposal to get rid of tort law. Although he doesn’t say he wants to get rid of battery, once he is finished “restating” it, it is hard to see what is left of it. In this essay, I will not engage directly with Sugarman’s proposal, but I will try to describe its motivation and determine its limits – which, I believe, are not as easy to find as Sugarman may believe.

Document Type
Article
Publication Date
12-20-2017
Publisher
Jotwell: The Journal of Things We Like (Lots)
Disciplines
Citation Information
Anthony J. Sebok. "Doing Away With Battery Law" (2017)
Available at: http://works.bepress.com/anthony-sebok/327/