In short, common law and civil law tort are both, in their heartland, concerned with moral responsibility for causing unjust damage — that is, infringing rights against injury — not with relational wrongdoing. The rest of this Article will attempt to provide a great deal of casuistical evidence for this claim. Before that, however, it is worth mentioning a more abstract sort of consideration: It would be surprising if the moral substance of the common law of torts turned out to differ starkly from the moral substance of the tort liability clauses in the civil codes. Prima facie, it seems more plausible that the common moral sensibilities embedded in the civil codes are largely continuous with the common moral sensibilities that have been embedded in the common law.
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