Tort liability: why? what for? an analysis of the justification discourses of civil liability

• Grant number: 10/18368-6
• Support Opportunities: Scholarships abroad - Research
• Start date: February 01, 2011
• End date: July 31, 2011
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Flavia Portella Püschel
• Grantee: Flavia Portella Püschel
• Host Investigator: Klaus Gunther
• Host Institution: Escola de Direito de São Paulo. Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil
• Institution abroad: Goethe University Frankfurt, Germany

Abstract

Tort Liability faces nowadays great difficulties in performing the social functions that are traditionally attributed to it. Despite this, it is constantly employed for regulating new social problems. This fact points to the need to investigate the justifications for imposing liability. Among the theories that justify liability, the discourse theory of law may offer a key to understanding the vitality of this legal institution and open possibilities for its transformation. (AU)