Theorizing the Institutional Tortfeasor

Abstract

Institutions are entities (rather than collections of individuals), with distinct characters and identities that are most aptly explained in terms of institutional culture. The perceptions and actions of individuals embedded in a particular institutional culture are, to a significant extent, caused by that culture. This understanding of the relationship between institutional culture and institutional actors has been incisively theorized in other disciplines, but is virtually absent from tort law. As institutions have become increasingly important players in social life, in comparison with individuals acting qua individuals, the absence of a robust theory of the institutional tortfeasor has marginalized tort law and will continue to do so. Coherent theorization of an institutional tortfeasor requires the translation of ideas about organizational culture and identity into the language of tort doctrine.