Abstract
The standard way to distinguish between torts and crimes is to allege that the latter are in some sense distinctively “public.” It is argued that we must look elsewhere for a principled distinction, and chapter 4 argues that the crucial difference between tort and criminal law ought to map onto the distinction between rights infringements and rights violations. The argument is that moral rights are central to both areas of law, but that tort law is an appropriate response to rights-related harms, whereas criminal law is a fitting response to rights-related culpability.
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