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Jo Butterfield and Jason Kean beaten 10-5 by China
10:49, 8 марта 2026Мир，这一点在WhatsApp Web 網頁版登入中也有详细论述
Over the last several decades, this classical moralist view of tort law has enjoyed a revival of interest in the American legal academy,6 helping to revive interest in moralist approaches to the private law more generally. In the rest of the common law world, in both tort and other private law domains, moralism has long been academic and judicial orthodoxy.7 The intellectual lodestar of contemporary private law moralism, especially in tort, is the most famous opinion in the common law canon: Chief Judge Cardozo’s opinion in Palsgraf v. Long Island Railroad Co.8
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^ See supra p. 1031. It is perhaps because the intuitive moral phenomenon is a general one, which has nothing to do with relational wrongdoing or rights infringement, that courts have found it natural to read a proximate cause restriction into statutes that impose liability for causing impersonal harm, such as environmental damage. See, e.g., Babbitt v. Sweet Home Chapter of Cmtys. for a Great Or., 515 U.S. 687, 713 (1995) (O’Connor, J., concurring) (“Proximate causation is not a concept susceptible of precise definition. It is easy enough, of course, to identify the extremes. The farmer whose fertilizer is lifted by a tornado from tilled fields and deposited miles away in a wildlife refuge cannot, by any stretch of the term, be considered the proximate cause of death or injury to protected species occasioned thereby.” (citing Prosser and Keeton on the Law of Torts, supra note 77, at 280–81)).