Axiological and economic justification of State´s duty to compensate
DOI:
https://doi.org/10.14409/redoeda.v7i2.9557Keywords:
torts, harm, compensation, justification, civil servant.Abstract
There are multiple theories that aim to justify rules that form part of the legal regime of torts. One aspect which is worth exploring is whether the same justifications can be applied in a univocal and consistent way to private and public realm. This writing presents four justificatory models, to wit, contractarian, economic analysis, corrective justice, and distributive justice. The objective is to highlight those elements within these theories that are peculiar to the responsibility of the State. The State is a juridical person that acts by way of its agents and public servants to attain social goals and for this reason to justify any responsibility attribution the mentioned models ought to be adapted to the characteristics of public administration.
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